The Supreme Court has recently directed that every public authority seeking permission to cut trees for public projects must make the best efforts to reduce the number of trees which are required to be cut by re-examining the alignment of the public projects. The court passed this direction keeping in mind the view under Article 51A (Fundamental duties) of the Constitution of India and the Right of Citizens to a healthy environment.
A bench comprising Hon’ble Mr Justice Abhay S Oka and Hon’ble Mr Justice Augustine George Masih while hearing an application in the MC Mehta case where the court is dealing with the environmental issue of Delhi-NCR observed that “keeping view the spirit of Article 51A of the constitution of India and right of the citizens to a healthy environment every public authority which makes an application before this court seeking permission for felling trees must make the best endeavour to reduce the number of trees which are required to be cut by re-examining the alignment of the public project”.
It was also noted by the court that the state of Uttar Pradesh had sought permission for the felling of 3874 trees in the Taj Trapezium Zone for the Agra-Jalesar-Etah road project, while the central Empowered Committee’s report indicated that only 2818 trees were required for removal.
The court further stated that before granting permission for tree felling the Uttar Pradesh government must commence planting 38,740 trees as suggested by the Central Empowered Committee.
The order says “We have perused the Report No. 8 of 2014 of the CEC dated 8th July 2024. Now the requirement of felling trees has come down to 2818 and there is a required trans-location of 229 trees. Before we consider granting permission in terms of the recommendation of the CEC, several steps will have to be taken by the State Government and by the applicant(s) including commencing the work of planting 38,740 plants as suggested by the CEC”
Justice Oka held “We are going to ask authorities to first complete compulsory afforestation only then we will permit cutting of trees. In the number of permissions this court has granted nobody knows what happened to compulsory afforestation”
Tushar Mehta Solicitor General also suggested that the monitoring of compulsory afforestation and the progress of the road project should proceed simultaneously to avoid project delay in reply to Justice Oka said: “In every case, we are seeing that authorities are applying for cutting of an extensive number of trees.”
As per directions of the court, the State of Uttar Pradesh provided a copy of its application and the CEC’s report no. 8 of 2024 to Sr. Additional Solicitor General Garima Prashad.
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