The ape court has insisted on compulsory afforestation in the Taj Trapezium Zone area.
Credit: PTI Photo
New Delhi: The Supreme Court on Monday said it will order demolition and restore the land or highways to its original status, if its direction over compulsory afforestation in the Taj Trapezium Zone (TTZ) spread across Uttar Pradesh and Rajasthan, was not complied with by the authorities.
A bench of Justices Abhay S Oka and Augustine George Masih stayed an order allowing the Rail Vikas Nigam Limited (RVNL) to fell 5,094 trees for the construction of a by-pass rail line between Kitham Station and Bhandai Station of Agra division within the TTZ.
"We are making it very clear to everyone, apart from the contempt action we will restore the land. If you have used the land for a public purpose and without complying with the conditions we will issue directions that land be restored to its original condition," the bench remarked.
The court went on to remark further, "In all these cases we are making it very clear if after felling of trees some progress has been made but the compliance is not made with compulsory afforestation, we will pass an order of demolition of what has been constructed," the bench observed as it dealt with cases over tree felling for various projects.
The counsel appearing for RVNL said after the court granted it permission to fell 5,094 trees on May 13, 2022, it had given the necessary amount to the Uttar Pradesh Forest Department for compulsory afforestation.
"We are constructing a by-pass rail line in the Agra division of North Central Railway for the rail line between Mathura junction and Jhansi. But we don't know if there was a compliance with the court's condition or not. Now the forest department is pinning the liability on us," he submitted.
The bench told the counsel that the court had granted permission to RVNL for felling of trees and it was the railway body's responsibility to see if the conditions were complied with.
"If trees are not planted then it is your responsibility. You never told the court that the forest department was not complying with the conditions. We will, therefore, direct for a stay of laying of additional railway lines and the May 13, 2022 order," it said.
Additional Advocate General Garima Prasad, appearing for the UP government, said that the top court's order was fully complied with and there may have been a communication gap.
The bench said it will consider the response on November 18 and stayed the May 13, 2022 order till then.
A 10,400 square-kilometre area approximately, the TTZ is spread across Agra, Firozabad, Mathura, Hathras, and Etah districts in Uttar Pradesh and Bharatpur district in Rajasthan.
The top court has been hearing a petition over environmental concerns and preservation of historical monuments, including the Taj Mahal, and its surrounding areas.
The top court also warned Jaypee Infratech, National Highways Authority of India (NHAI) and various departments of the UP government -- seeking felling of trees -- of a similar action if its direction wasn't complied with.
The NHAI counsel informed that the highway body was responsible for planting of 37,000 trees and he had learnt that the direction had been complied with.
Through an order passed on December 14, 2015, the top court had granted permission to the NHAI for felling 3,673 trees for a 10-kilometer widening of the highway within the TTZ from Keoladeo National Park, Bharatpur in Rajasthan.
The bench asked the counsel to file an affidavit in this regard and listed the matter for further hearing on November 18.
"We are putting you to notice that if there is no compliance, we will initiate contempt action against you and secondly, we will restore the land to its original status. We will also impose a cost for each tree, if there is non-compliance. This is the only way to enforce orders. If you are short by a hundred trees it will be Rs 10 lakh per tree and if more than 100 trees then it will be Rs 15 lakh per tree," Justice Oka told the NHAI's counsel.
The matter pertains to the protection and preservation of the world heritage site, the Taj Mahal, and its surrounding areas.