The Supreme Court on Tuesday emphasized the constitutional duty of all public authorities to protect trees, advising meticulous consideration before approving tree felling. This directive came during a hearing of a plea by the National Highways Authority of India (NHAI), which sought permission to cut over 800 trees for a highway project in the Taj Trapezium Zone (TTZ) between Agra and Gwalior.
Justices Abhay S Oka and Ujjal Bhuyan noted a recurring trend where public authorities apply to fell more trees than necessary. “In practically every application made in TTZ and in Delhi, we have noticed this tendency. Public authorities must protect as many trees as possible,” the bench stated.
The NHAI had initially requested permission to cut 850 trees for the development of a six-lane, access-controlled highway. However, the court, referencing a report by the centrally-empowered committee (CEC), highlighted that only 650 trees needed to be removed. The CEC also recommended that the NHAI undertake compensatory plantation of 9,000 trees at its own expense.
The bench expressed concerns over previous cases where permission for tree felling was granted before compensatory afforestation measures were implemented, often resulting in non-compliance with the reforestation orders. To address this, the court has directed the NHAI to first complete the compensatory afforestation. Compliance will be reviewed by the CEC, which will then submit a report to the court before further permissions are granted.
The proposed highway aims to enhance connectivity between Gwalior and Agra, passing through Dholpur and Morena. The NHAI argues that the new greenfield highway would not only improve road safety on the existing National Highway-44 but also reduce travel time, fuel, and transportation costs.
