If Tree Planting Conditions Are Violated, Will Order Demolition Of Constructions & Restore Land : Supreme Court Warns Project Proponents

The Supreme Court today (October 14) warned that if project proponents do not comply with conditions of compensatory afforestation imposed while granting tree felling permissions, it will impose costs and order restoration of the lands apart from contempt action.

A bench of Justice Abhay Oka and Justice Augustine George Masih was dealing with the issue of enhancing the green cover in Delhi, focusing on compliance with court orders related to compensatory afforestation efforts when permissions for tree felling are granted.

“We are making it very clear, apart from contempt action we will restore the land. If you have used the land for public purpose without compliance with the conditions we will issue direction that restore the land to original condition. In all these cases we are making it very clear if after felling of trees some progress has been made but compliance is not made with compulsory afforestation we will pass order of demolition of what has been constructed”, Justice Oka stated.

Further, addressing the National Highways Authority of India (NHAI), Justice Oka said –

“Now we are putting you to notice. One option will be if we don't see compliance we will restore the highway to the original condition. The other will be cost for each tree short. This is the only way to enforce orders. If you are short by a hundred trees it will be 10 lakhs per tree more than 100 trees, 15 lakhs per tree.”

The court was addressing several project proponents regarding their obligations in this regard.

The NHAI is one of the project proponents involved. It was required to plant 37,000 trees as part of compensatory afforestation for a project.

During the hearing, the counsel for NHAI stated that he had been orally informed that NHAI had complied with the order. In response, Justice Oka questioned whether anyone had verified this claim. The counsel sought time, stating that he had only received this information recently, on Friday morning. The Court directed the NHAI to file an affidavit confirming compliance with the court's order dated December 14, 2015. The affidavit is to be submitted by November 14, and the Court will consider the matter on November 18.

Justice Oka further said that if compliance is not achieved, the Court either restore the land to its original condition or impose cost for each tree that was not planted. He said that for each tree short of the requirement, a penalty of Rs. 10 lakh per tree would be imposed for up to 100 trees, and Rs. 15 lakh per tree if the shortfall exceeded 100 trees.

The Court also examined the compliance of Jaypee Infratech for a project where tree felling permission was granted in 2011. Justice Oka asked if the company had complied with the conditions imposed at the time of the permission. The counsel for Jaypee Infratech explained that the company had just emerged from resolution and a new management had taken over on June 4, 2024.

The bench warned that if conditions were not met, the Court would not hesitate to restore the land to its original condition or pass orders for demolition of structures built without compliance. The Court gave Jaypee Infratech four weeks to report on compliance with the order dated March 14, 2011, and directed them to file an affidavit within that time.

Rail Vikas Nigam Limited (Rail Nigam) informed the Court that it had deposited money with the forest department for the planting of 50,000 trees as part of a compensatory effort. However, the Court highlighted that Rail Nigam bore the responsibility for ensuring the trees were planted, regardless of the forest department's involvement. Rail Nigam was granted permission for felling of 5094 trees for construction of a By-Pass Rail line between Kitham Station and Bhandai Station of Agra Division in North Central Railway for 3rd rail line between Mathura Junction and Jhansi falling within the Taj Trapezium Zone.

Justice Oka emphasized that if the forest department had not acted, Rail Nigam should have approached the Court earlier to address the issue. The bench said Rail Nigam is accountable before the Court for the breach of its obligations. Given the lack of compliance of direction to 50,940 saplings, the Court stayed the May 13, 2022 order and directed that no further work should be carried out under it.

Last month, the Supreme Court had directed all project proponents who received permission to fell trees to upload data regarding compliance with compensatory afforestation conditions. The Court warned that failure to comply within three months of receiving notice from the Centrally Empowered Committee (CEC) would lead to contempt proceedings.

The Court has consistently highlighted the importance of minimizing tree felling in public projects and stressed that compensatory afforestation should be a prerequisite for such permissions. The Delhi Government, the Delhi Development Authority, and other bodies have also been under scrutiny for unauthorized tree felling, especially in the ecologically sensitive Ridge Forest area.

In earlier hearings, the Court had reprimanded the Uttar Pradesh government over a request to fell nearly 4,000 trees for a road project in the Taj Trapezium Zone, instructing the state to commence afforestation efforts before the Court would consider granting permission. Further, the Court has previously directed authorities in Delhi to implement expert recommendations for restoring the city's green cover and enhancing the monitoring mechanisms to prevent illegal tree felling.

Case no. – Writ Petition (Civil) No. 13381/1985

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