In a strong directive to state governments and Union Territories, the Supreme Court has mandated that public authorities must exert maximum effort to minimize the number of trees cut for public projects. This guidance comes as part of the ongoing efforts to align with the environmental obligations outlined in the Constitution of India, specifically under Article 51A, which emphasizes the fundamental duty to protect and improve the natural environment.
The bench, led by Justices Abhay S. Oka and Augustine George Masih, delivered this ruling during a session focused on the environmental concerns surrounding Delhi-NCR, particularly within the context of the longstanding MC Mehta case.
The Court emphasized the need for public authorities to re-evaluate project alignments to reduce the environmental impact, underscoring the importance of safeguarding citizens’ right to a healthy environment. “Public authorities must take the best possible approach to minimize the need for tree felling by reassessing the project design,” the bench asserted.
The Uttar Pradesh government faced scrutiny during the proceedings, particularly regarding the Agra-Jalesar-Etah road project within the Taj Trapezium Zone. The state’s initial request involved the felling of 3,874 trees, a figure later reduced to 2,818 after the Centrally Empowered Committee (CEC) intervened. The Court instructed the UP government to commence the planting of 38,740 new trees, as recommended by the CEC, before any further tree-cutting approvals would be granted.
Justice Oka expressed concern over the casual attitude of the authorities, highlighting that it was only through the CEC’s involvement that the number of trees to be cut was significantly reduced. The Court underscored that future permissions for tree felling would be contingent upon the completion of compulsory afforestation initiatives.
While Solicitor General Tushar Mehta suggested synchronizing the monitoring of afforestation efforts with the road project’s progress, Justice Oka remained firm, stressing the need for environmental considerations to take precedence in such decisions.
The Court has scheduled further deliberations on this matter for September 6, 2024, where the State of UP is expected to present its compliance with the Court’s directives.
