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SC puts on hold felling of trees for road projects

The Supreme Court on Wednesday put the Uttar Pradesh government in a quandary over the assessment of oxygen-releasing capacity of trees that the state government seeks to cut for road projects around the Krishna Janmabhoomi in Mathura.

Updated on: Dec 3, 2020, 04:44:38 IST
Hindustan Times, New Delhi | By
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The Supreme Court on Wednesday put the Uttar Pradesh government in a quandary over the assessment of oxygen-releasing capacity of trees that the state government seeks to cut for road projects around the Krishna Janmabhoomi in Mathura.

Supreme Court (File photo for representation)
Supreme Court (File photo for representation)

A bench led by Chief Justice of India (CJI) SA Bobde declined to approve the tree felling in the Taj Trapezium Zone (TTZ ), a defined area of 10,400 sq km around the Taj Mahal to protect the monument from pollution, until the state spells out its method of evaluating a tree, including how much oxygen it gives off.

“You cannot cut trees...only in the name of Lord Krishna. Is there any evaluation on how much oxygen these trees produce? You cannot simply say we will plant a week-old sapling in lieu of a 100-year -old tree.There can be no comparison between the two in terms of oxygen they release,” the bench told additional solicitor general Aishwarya Bharti and senior advocate SWA Qadri.

Bharti was appearing for the state government while Qadri represented the Public Works Department (PWD). PWD had to seek permission from the court to cut more than 3,000 trees since the areas comes under the TTZ, earmarked by the Supreme Court to protect the Taj Mahal from environmental pollution.

When asked about the classification of trees based on their age and oxygen releasing capacity, Qadri expressed his inability to give such details.

This prompted the CJI to question how permission for felling thousands of trees can be given when the PWD has no clue about such information. The judge added that living trees cannot be evaluated merely as timber, which is dead wood.

“Living trees give oxygen and it must be taken into account while evaluating them. How much oxygen a tree releases during its life time and the loss of it once it is cut; these are important factors,” said the bench, asking Bhati if the state government has any policy in this regard.

As Bhati sought some time to get instructions, the bench asserted that meaningful reforestation requires a detailed assessment of the trees sought to be felled.

The court added that not pulling down certain very old trees may only mean a road taking a turn around such trees. “It will only slow down the traffic which is also a good thing since this can prevent deaths due to high speed,” it said.

The court then recorded in its order: “It is not possible to accept the compensation in just arithmetic terms particularly since there is no specific statement coming forth from the Uttar Pradesh government or PWD as to the nature of the trees i.e, to say whether they are classified as shrubs or large trees.”

  • Utkarsh Anand
    ABOUT THE AUTHOR
    Utkarsh Anand

    Utkarsh Anand is the National Legal Editor at Hindustan Times, where he leads the newspaper's coverage of the Supreme Court, constitutional law, the judiciary and the Union law ministry. He joined Hindustan Times in 2020 after stints at Press Trust of India (PTI), The Indian Express and CNN-News18, and has over two decades of experience reporting on law, governance and public policy. His work has focussed on some of India's most consequential constitutional and legal developments, including the Supreme Court's judgments on Article 370, marriage equality, decriminalisation of homosexuality, the Babri Masjid dispute, electoral reforms and judicial appointments. He specialises in making complex legal proceedings and judgments accessible to readers while examining their wider social and political impact. Beyond daily reportage, Utkarsh has led investigative projects and enterprise reporting that have shaped public debate and prompted institutional responses. His work has received several journalism awards, including the Ramnath Goenka Excellence in Journalism Award. As National Legal Editor, he has also played a key role in expanding Hindustan Times' legal journalism footprint, mentoring reporters and strengthening coverage across platforms. A Chevening South Asia Journalism Programme Fellow, Utkarsh regularly writes analyses on the judiciary and constitutional issues, and his reporting is widely followed by lawyers, judges, policymakers, academics and readers seeking clarity on India's evolving legal landscape.Read More