SC asks FRI to conduct tree census in Taj Trapezium Zone
The court also told the institute to provide timelines along with specifications about the cost, the mode and manner of undertaking the exercise to the TTZ Authority
The Supreme Court on Wednesday ordered a tree census in an area spread across 10,400 kilometres around the iconic Taj Mahal in Agra, known as Taj Trapezium Zone (TTZ), to ensure laws penalising illegal tree felling are better enforced in Agra and adjoining districts.
A bench headed by justice Abhay S Oka directed Dehradun-based Forest Research Institute (FRI) to conduct the exercise. It also told the institute to provide timelines along with specifications about the cost, the mode and manner of undertaking the exercise to the TTZ Authority.
The authority has been told to share the details with the top court by the end of this month.
TTZ covers the districts of Agra, Firozabad, Mathura, Hathras, and Etah in UP and Rajasthan’s Bharatpur district.
The order came on a petition filed by lawyer and activist MC Mehta to protect Taj Mahal and the environment around it. In December last year, on another petition by Mehta, the court had ordered a tree census in Delhi by FRI in a bid to boost Capital’s tree cover and abate pollution.
The plea raises environmental concerns and underlines the need of preservation of historical monuments, including the UNESCO World Heritage Site The Taj Mahal, and its surrounding areas.
In its order on Wednesday, the Supreme Court bench, also comprising justice N Kotiswar Singh, said, “If trees are felled without permission, there are penal provisions under the UP Protection of Trees Act, 1976. Penal provisions cannot be implemented unless data of trees is available. That data can be available only if census is available. Without census, there cannot be proper implementation of the 1976 Act.”
Amicus curiae ADN Rao pointed out that unlike the Delhi Preservation of Trees Act, 1994 (DPTA) which provides for census of trees, the UP law did not contain a similar provision.
The UP law provides for a punishment of either six months imprisonment or a fine of ₹1,000 or both. The Central Empowered Committee (CEC) had last year recommended three penalty slabs with the lowest being ₹5,000 and the maximum at ₹25,000.
On February 11, the court had approved the recommendations and directed the UP government to take steps to implement the stringent penalties. UP’s additional advocate general Garima Prashad told the court on Wednesday that a high-level committee has submitted recommendations in this regard to the state government. The court granted four weeks for the state to complete the process.
Tree felling in TTZ requires prior permission from the top court .
The court will examine the matter on March 25.
