New Delhi: The Supreme Court on Monday made it clear that its direction over compulsory afforestation in the Taj Trapezium Zone (TTZ), spread across Uttar Pradesh and Rajasthan, must be complied with. The apex court warned that if the authorities concerned fail to comply with its directions, then it would order demolition and restore the land or highways to their original status.
A bench of Justices Abhay S Oka and Augustine George Masih put on hold 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”, said the bench.
The bench was hearing a petition over environmental concerns and preservation of historical monuments, including the Taj Mahal, and its surrounding areas. The apex court added that if the authorities concerned used the land for a public purpose and without complying with the conditions, then it would issue directions that the land be restored to its original condition.
A counsel submitted that, after the court’s permission to cut 5,094 trees on May 13, 2022, RVNL had given the necessary amount to the Uttar Pradesh Forest Department for compulsory afforestation. The apex court was informed that construction is in progress for a by-pass rail line in the Agra division of North Central Railway for the rail line between Mathura junction and Jhansi.
The counsel said RVNL does not know if there was compliance with the court's condition or not, and the forest department is now pinning the liability on it. The Uttar Pradesh government counsel said that the court's order was fully complied with and there may have been a communication gap.
The bench stressed that compulsory afforestation is a must in connection with tree felling for various projects. "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.
The bench made it clear that the apex court had granted permission to RVNL for the 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”, said the bench.
The apex court said it is putting on hold the laying of additional railway lines and the May 13, 2022 order. After hearing submissions, the bench said it would 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.
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