Supreme Court Highlights Need for Tree Census and Vigil Mechanism in Taj Trapezium Zone

The Supreme Court has stressed the urgency of conducting a comprehensive tree census and establishing mechanisms to prevent unauthorized tree felling in the environmentally sensitive Taj Trapezium Zone (TTZ). A bench comprising Justice Abhay S. Oka and Justice Augustine George Masih issued notice in response to a plea seeking the formation of a separate investigative committee to address illegal tree felling in the TTZ. The notice is returnable on November 29, 2024.

The counsel for the applicant flagged widespread, often unreported, illegal tree felling in the TTZ, citing a concerning 9% reduction in forest cover over the past four years. The plea highlighted the failure to protect “secured trees” under Uttar Pradesh government guidelines and urged stricter enforcement. It called for an independent investigation and stricter accountability mechanisms.

Justice Oka emphasized the critical need for a tree census as a preliminary step to addressing the problem. Referring to tree-related laws such as the Tree Authorities Act, the Court noted that tree censuses are essential for tracking the number and types of trees in the region. Amicus Curiae Senior Advocate ADN Rao suggested making Station House Officers (SHOs) personally liable for unauthorized tree felling to ensure accountability.

Additional Solicitor General Aishwarya Bhati informed the Court that FIRs had already been registered for illegal tree felling, and many incidents involved overnight activity to bypass construction permissions. She suggested that either the Forest Department or the Central Empowered Committee could conduct the tree census.

The bench also reiterated the need for systemic mechanisms to ensure compliance with environmental protection measures. It has previously mandated that public authorities minimize tree felling for development projects and comply with compensatory afforestation conditions. The Court stressed that non-compliance with its orders could lead to penalties, land restoration mandates, and contempt actions.

The case has a broader context of enhancing green cover and preventing unauthorized tree felling in environmentally sensitive regions, such as the Ridge Forest area in Delhi, where the Court has taken strict measures against non-compliance.

Case Details:

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

Case No.: Writ Petition (Civil) No. 13381/1985

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