Public Authorities Should Take Best Efforts To Reduce Trees Required To Be Cut For Public Projects : Supreme Court
The Supreme Court has directed that every public authority seeking permission to cut trees for public projects must make best efforts to reduce the number of trees which are required to be cut by re-examining the alignment of the public project.
The Court passed this direction in view of the spirit of Article 51A(Fundamental Duties) of the Constitution of India and the right of citizens to a healthy environment
A bench comprising Justices Abhay S Oka and Augustine George Masih made this direction while hearing an application in the MC Mehta case where the Court is dealing with the environmental issues of Delhi-NCR.
The bench observed in the order :
"Keeping in view the spirit of Article 51A of the Constitution of India and right of citizens to a healthy environment, every public authority which makes an application before this Court seeking permission for felling the 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."
During the proceedings, the Court also told the Uttar Pradesh government that it will grant permission to cut trees for the Agra-Jalesar-Etah road project only after the re-planting process has commenced.
A bench of Justice Abhay Oka and Justice Augustine George Masih noted that the State of Uttar Pradesh had sought permission to fell 3,874 trees in the Taj Trapezium Zone for the Agra-Jalesar-Etah road project, while the Centrally Empowered Committee's (CEC) report indicated that only 2,818 trees were actually required for removal.
The Court stated that before it considers granting permission for tree felling, the UP government must commence planting 38,740 trees as suggested by the CEC.
“We have perused the Report No.8 of 2024 of the CEC dated 8th July, 2024. Now, the requirement of felling trees has come down to 2818 and there is a requirement of 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”, the order read.
During the proceedings, Justice Oka criticized the State of UP for its lax approach, stating, “How casually the authorities are acting. Only after CEC steps in one thousand trees were saved. All authorities are applying for felling without bothering about the environment.”
Justice Oka further emphasized the Court's intent to enforce stricter conditions for tree felling, stating that permissions would be granted only after compulsory afforestation efforts are completed. “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”, he said.
Solicitor General Tushar Mehta suggested that the monitoring of compulsory afforestation and the progress of the road project should proceed simultaneously to avoid project delays. Justice Oka countered, stating, “In every case we are seeing that authorities are applying for cutting of extensive number of trees.”
The Court directed the State of UP to provide a copy of its application and the CEC's Report No. 8 of 2024 to Sr. Additional Solicitor General Garima Prashad, who is representing the State in related matters. The application is scheduled for further consideration on September 6, 2024.
Case no. – Writ Petition (Civil) No. 13381/1984; IA No. 108684 of 2023
Case Title – MC MEHTA v. Union of India & Ors.
Citation : 2024 LiveLaw (SC) 561