In a significant move to protect the environment within the Taj Trapezium Zone (TTZ), the Supreme Court of India has ordered stringent penalties for illegal tree felling. The apex court, exercising its powers under Article 142 of the Constitution, imposed fines ranging up to Rs. 25,000 per tree based on the nature of the violation and the type of trees involved.
The Supreme Court's order has categorized the penalties for illegal tree felling in the TTZ as follows:
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- For Farmers Cutting Exempted Species:
- Fine: Rs. 5,000 per tree as a compounding fee.
- Timber Return: The felled timber will be returned to the farmer.
- For Non-Farmers or Restricted Species:
- Fine: Rs. 10,000 per tree.
- Timber Seizure: The timber will be seized.
- Additional Penalty: The offender must fund the planting of ten times the number of trees felled, with a five-year maintenance commitment.
- For Offences Under the Indian Forest Act, 1927:
- Fine: Rs. 25,000 per tree.
- Timber Seizure: The timber will be confiscated.
- Replanting Obligation: The offender must fund tree-guard protected plantations at ten times the number of trees felled, including five years of maintenance.
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The Supreme Court bench, comprising Justice Abhay S Oka and Justice Augustine George Masih, emphasized the importance of deterring illegal tree felling. The court observed:
"There has to be a deterrent on illegal tree felling. The reason is that illegal tree felling has a direct co-relation with the preservation of the Taj Mahal and other ancient monuments in the TTZ area."
The court highlighted that the Uttar Pradesh government had not yet acted on an earlier direction to consider increasing penalties under the Uttar Pradesh Protection of Trees Act, 1976. The existing penalties under Sections 10 (fine of Rs. 1,000) and 15 of the Act were found to be inadequate.
Background: The MC Mehta Case
This order was passed in connection with the long-standing MC Mehta case, which addresses various environmental concerns in the Taj Trapezium Zone. In November last year, the court had requested the Uttar Pradesh government to amend the 1976 Act, but due to delays, the court has now stepped in with these temporary measures.
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The court also referred to the recommendations of the Centrally Empowered Committee (CEC) from its Report No. 17 of 2024. These recommendations, which the court has adopted, include:
- Imposing fines as per the categorization of tree felling cases.
- Ensuring seized timber is either returned to farmers (in specific cases) or confiscated.
- Mandating offenders to fund the planting and maintenance of trees ten times the number of those illegally cut.
The Supreme Court directed that the above measures should be immediately implemented within the TTZ. It also instructed that copies of this order be sent to the Registrars General of the Allahabad High Court and the Rajasthan High Court, ensuring that the directives are communicated to the relevant district jurisdictions.
By enforcing these strict penalties, the Supreme Court aims to deter illegal tree felling and ensure better conservation of the Taj Mahal and other significant monuments in the Taj Trapezium Zone.
Case no. – Writ Petition (Civil) No. 13381/1984
Case Title – MC Mehta v. Union of India & Ors
