Supreme Court Mulls Conducting Census Of Existing Trees To Prevent Illicit Felling In Taj Trapezium Zone

The Supreme Court of India has recently taken significant steps toward conserving the environment in the Taj Trapezium Zone (TTZ), an eco-sensitive area of 10,400 sq km, spreads across Agra, Firozabad, Mathura, Hathras, and Etah districts in UP and Bharatpur district in Rajasthan to protect the world heritage Taj Mahal from environmental pollution.

A bench of Justices Abhay S Oka and Augustine George Masih, while hearing a plea raising the issue of illicit felling in the TTZ, has called the census of existing trees in the area.

"Prima facie, we are of the view that there needs to be a census of existing trees in the Taj Trapezium Zone and there needs to be a mechanism for keeping a vigil for ensuring that there is no unauthorised felling of trees," said the bench.

"Somebody has to undertake a census of existing trees and there has to be a mechanism to detect illegal felling of trees in the area," it added.

The Apex court was hearing an intervention application IA Nos 262456 & 262458 of 2024, filed by the Applicants, highlighting widespread illegal tree felling and the inadequacies of current enforcement mechanisms.

The plea highlighted widespread deforestation within the TTZ, including instances of unauthorized felling of protected trees. Advocate Anshul Gupta, counsel for the applicant, cited an alarming reduction in forest cover over the past decade, underlining inadequate enforcement of existing laws. He also pointed to instances where trees classified as "protected" under Uttar Pradesh government guidelines were felled without requisite permission.

Bench spearheaded the move, emphasizing the need for an institutional mechanism to regulate tree felling permits. This decision marks a critical step towards preserving India's rich biodiversity in the TTZ.

The Forest Survey of India, recognized for its expertise in environmental assessments, might take charge of this monumental task. The court has scheduled further discussions for December 16, underscoring its commitment to ecological balance in areas surrounding the iconic Taj Mahal.

On November 29, A bench of Justice Abhay S Oka and Justice Augustine George Masih issued contempt notices to the owners of Dalmia Farm for cutting down 454 trees without prior permission of the Apex Court.

Additionally, the Court emphasized that tree-felling activities for which permission is granted must not take place between 6:00 p.m. and 8:00 a.m. in the TTZ area.

Notably, the court also requested the UP government to consider amending the Uttar Pradesh Tree preservation Act to enhance the penalties and the amount permissible for compounding of offenses of violation of the Act.

“We find that the provisions regarding penalty under section 10 and 15 are inadequate and are not sufficient to deter persons from illegally felling trees. Even the amount on the basis of which offence can be compounded as mentioned in Section 15 is too low. We request the state government to have a relook the sections and consider amending the same suitably for enhancing the amount mentioned in the sections 10 and 15”, the Court stated.

A systematic tree census will have far-reaching benefits, including:

• Enhanced Surveillance: Unique identification of trees will allow authorities to detect illegal activities more efficiently.
• Biodiversity Preservation: Mapping the species and health of trees will aid in conservation planning.
• Improved Accountability: Data-driven enforcement mechanisms will strengthen compliance with environmental laws.

Case Title: MC Mehta v. Union of India & Ors.

Case No: Writ Petition (Civil) No.13381/1984

Counsels for the Applicant: (Advocate on Record) Anshul Gupta, Advocate Kirti Dua

Click here to read/download the order