Supreme Court Warns of Demolition for Non-compliance with Tree Replacement in Construction Projects

In a stringent warning that underscores its commitment to environmental protection, the Supreme Court of India stated on October 14th that it would order the demolition of constructions and initiate contempt proceedings if the mandated replacement of trees felled for construction projects is not followed. The directive came during a hearing involving several cases of non-compliance with afforestation obligations.

Justices Abhay S Oka and Augustine George Masih, presiding over the bench, expressed their determination to enforce court orders on environmental conservation strictly. “We will direct the demolition of such construction and issue contempt if compulsory afforestation conditions are not complied with,” Justice Oka declared, emphasizing the seriousness of the court’s intent.

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The case that prompted this stern declaration involved Jaypee Infratech Limited, which has been criticized for failing to replace trees cut down during its construction activities. The company’s counsel requested additional time due to recent changes in management, to which the court agreed but only granted a four-week window to ensure compliance.

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In another related matter, the court dealt with non-compliance by Rail Vikas Nigam Limited, which had been allowed to fell trees under the condition that 50,943 trees would be planted as replacements. It was revealed during the proceedings that, despite funds being provided to the Forest Department, the promised afforestation had not begun. Justice Oka advised Rail Vikas Nigam’s counsel to take legal action against the Forest Department for this failure.

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Moreover, the Supreme Court stayed the permission previously granted to Rail Vikas Nigam for tree felling, holding the company accountable for ensuring the fulfillment of the afforestation mandate. “Since you were granted permission to fell trees for your project, it becomes your responsibility to comply with our order,” Justice Oka stated, reaffirming the accountability of the permission holder.

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