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Will pass directives for demolition if trees not planted: SC on UP project
The Supreme Court halted a railway project in Uttar Pradesh for failing to comply with a compensatory afforestation order, warning of severe penalties for violations.
New Delhi The Supreme Court on Monday warned of harsh penalties and serious consequences for those violating its orders on compensatory afforestation, and made a beginning by directing the stoppage of a railway project in Uttar Pradesh because a 2022 order requiring the Rail Vikas Nigam Limited (RVNL) to plant over 50,000 saplings was not complied with.
Considering a report of the central empowered committee (CEC) – the expert statutory body assisting the court in environment matters – the court noticed 16 instances where felling of trees was not followed up with compensatory afforestation.
A bench headed by justice Abhay S Oka said, “We are putting everyone to notice. If you do not comply with our compensatory afforestation order, we will pass demolition order and restore the land to its original form or direct ₹10 lakh to be paid per tree if you are short of planting 100 trees and ₹15 lakh per tree if the number is beyond 100.”
Dealing with one such case relating to the expansion of Mathura-Jhansi railway line, the bench, also comprising justice Augustine George Masih, ordered all pending work to be stopped as RVNL – project proponent, failed to show compliance of the May 2022 order requiring it to plant 50,940 saplings. The UP government forest department, represented by additional advocate general Garima Prasad, submitted to the court that some saplings have been planted and compliance has been achieved. But the court said: “We direct no further work be carried out.”
The bench posted the matter for further hearing on November 18, and directed RVNL and the state government to file affidavit of compliance before the next date of hearing. The court similarly heard the remaining defaulters and granted them a month’s time to file compliance. The list of defaulters included the National Highways Authority of India (NHAI), Public Works Department of the UP government, Jaypee Infratech (for construction of Taj Expressway), UP Jal Nigam and UP Metro Rail Corporation.
The court was hearing a petition filed in 1984 by MC Mehta for protecting the iconic Taj Mahal where applications have been filed from time to time for felling of trees in the Taj Trapezium zone (TTZ), comprising districts spread across 10,400 square kilometres in UP and Rajasthan.
Considering a separate application for tree felling involving the expansion of Agra airport, the court, in a first, directed the Uttar Pradesh government to first implement compensatory afforestation by planting over 4,000 saplings and translocating 121 trees before seeking permission to fell 286 trees.
The bench said, “Actual felling of trees shall be done only after applicant (UP government) files affidavit before this court reporting compliance of planting 4,130 plants and successful completion of translocation of 121 trees.” This is the first time the court has directed compensatory afforestation to be first carried out prior to felling of trees.
The order further stated, “After compliance is made, applicant shall file necessary records and after compliance affidavit is filed, we permit the applicant to file an application for felling of 286 trees.”
Prior to passing the order, the court went through a report filed by CEC which considered the state’s application requiring felling of 413 trees. CEC had examined the proposal and had reduced the number of trees to be felled to 317. On September 9, the top court had again asked CEC to examine possibility of reducing the number of trees to be felled.
In its latest report filed on October 10, CEC said, “On a detailed inspection of all the trees it was found and agreed upon that a total of 121 trees can be safely translocated. This will leave only 286 trees to be felled.”
Senior advocate ADN Rao assisting the court as amicus curiae informed the court that CEC has further recommended that the area identified for translocation of trees be fenced and the plants be adequately watered and maintained for 10 years besides other conditions. Additional solicitor general (ASG) Aishwarya Bhati appearing for the state said that all conditions were acceptable to the state.
The project includes construction of a new terminal building of 34,346 square metres, designed to accommodate 1,400 passengers simultaneously. CEC said that the development of Agra airport is vital as the present facility operates within an Indian Air Force base and the airport lacks passenger amenities and offers limited flight schedules. The report said, “Despite Agra’s status as home to three UNESCO World Heritage Sites — the Taj Mahal, Agra Fort, and Fatehpur Sikri — its civil aviation infrastructure is insufficient to handle the growing influx of tourists.”
