The Supreme Court of India has directed that any public authority seeking approval to cut trees for infrastructure projects must first explore all possible alternatives to minimise tree removal. This directive emphasises the spirit of Article 51A of the Indian Constitution, which enshrines the duty to protect and improve the environment, and the citizens’ right to a healthy environment.
A bench comprising Justices Abhay S. Oka and Augustine George Masih issued this directive while hearing a related application in the ongoing MC Mehta case, which addresses various environmental concerns in the Delhi-NCR region.
The Court’s order highlighted, “In keeping with the spirit of Article 51A of the Constitution of India and the right of citizens to a healthy environment, every public authority making an application to this Court for tree felling must make all efforts to reduce the number of trees to be cut by reconsidering the alignment of the public project.”
In particular, the bench focused on a request from the Uttar Pradesh government, which sought permission to cut down 3,874 trees for the Agra-Jalesar-Etah road project, located within the environmentally sensitive Taj Trapezium Zone. However, the Centrally Empowered Committee (CEC) reported that only 2,818 trees needed to be felled.
The Court stipulated that before any permission is granted, the Uttar Pradesh government must begin planting 38,740 trees as recommended by the CEC. Justice Oka criticised the state’s casual approach, pointing out that the intervention of the CEC had already saved over a thousand trees from unnecessary felling. He stressed that tree felling permissions will only be granted after the mandatory afforestation is underway.
“We are going to insist that authorities complete compulsory afforestation before we allow any tree cutting. Too often, permissions are granted without ensuring the environment is adequately protected,” Justice Oka stated.
Solicitor General Tushar Mehta proposed that monitoring the afforestation efforts and the progress of the road project should occur simultaneously to prevent delays. However, Justice Oka responded with concern over the frequent large-scale tree felling requests, underscoring the need for more careful environmental consideration.
The Court has scheduled further hearings on this matter for September 6, 2024, and instructed the State of Uttar Pradesh to provide relevant documents, including the CEC’s latest report, to Senior Additional Solicitor General Garima Prashad, who is representing the state in connected cases.
