Shocked: Supreme Court questions tree felling exemption for agro-forestry in Taj Trapezium

The Supreme Court on Wednesday raised serious concerns over the exemption granted to agro-forestry activities from the requirement of obtaining prior permission for tree felling in the Taj Trapezium Zone (TTZ)..A Bench comprising Justices Abhay S Oka and N Kotiswar Singh took strong exception to a previous order passed by the Court on December 11, 2019, which permitted tree-felling for agro-forestry without requiring prior clearance from the Court."We are against this order. That everyone under blanket permission can fell trees under the name of agro-industry. Nobody knows what is agro industry/agro farming are all relative terms. A common man who has 2-3 trees needs permission but someone who is doing for commercial purposes is given blanket permission? We can't do this unless we amend the Uttar Pradesh Protection of Trees Act, 1976," the Bench remarkedThe Bench issued a notice to reconsider the order, questioning how such an exemption could be granted when even an ordinary citizen with two or three trees needed permission to cut them..The Court underscored that agro-forestry as a concept was vague and undefined, making it susceptible to misuse. It noted that while agro-forestry was being promoted as a policy, granting unrestricted permission for felling trees could lead to widespread environmental damage..Senior Advocate ADN Rao, appearing as Amicus Curiae, suggested that the exemption granted by an earlier order of the Court would encourage tree plantations by eliminating bureaucratic hurdles. He contended that requiring permissions for tree felling was discouraging farmers and agro-forestry practitioners from planting commercial orchards like mango and lemon trees.However, the Court dismissed this argument, stating that environmental concerns could not be sacrificed in the name of agricultural convenience..Advocate Kishan Chand Jain had filed an Application in 2018 seeking permission for agro-forestry activities to continue in the TTZ. The Court in December 2019 passed an order allowing Jain's application granting exemption to agro-forestry activities from requiring mandatory permission before felling trees. However, the Bench today did not agree with the order passed by the 2019 Bench."We get an impression that this prayer is against the interest of the environment. Only on the agro industry order of this court won't apply? What is the meaning of this?" the Court said while referring to Jain's Application..The Court took strong exception to its earlier order and issued notice to Jain asking why the earlier order granting exemption should not be recalled. The Court expressed its discontentment over such orders being passed that would frustrate the entire purpose of prolonged hearings in the matter."We will recall this order. We are putting you to notice. What is this? This order will nullify all the other orders passed by this Court," the Court said. .On being informed that removing the exemption would defeat efforts of afforestation in the TTZ by individuals and private companies, the Bench retorted by saying that the agro-forestry industry was being used as a cover for indiscriminate deforestation. It pointed out that powerful lobbyists were pushing for relaxed regulations, which could significantly impact tree conservation efforts that the Court has been championing since so many years. "If individuals are not there we'll direct the authorities to take massive afforestation project in TTZ Area. We will not depend on the powerful people who are running this agro industry...We are shocked to know that this order takes away all the other orders of this court....we are spending so much time in saving trees and environment and this direction goes the other way! what is all this happening? what is this lobbying? who are the agriculturists who are doing all this," the Court remarked. .Eventually, the Court directed that until further orders, the provisions of the UP Protection of Trees Act, 1976, would continue to apply to agro-forestry, meaning that mandatory permission has to be sought from the Court before felling any trees in the TTZ. .Apart from scrutinizing the agro-forestry exemption, the Court also ordered a comprehensive tree census in the TTZ to ensure effective implementation of environmental laws. It directed the Forest Research Institute (FRI) to conduct the census and submit a detailed report.."Sections 4 and 5 of the Act provide for grant of permission to fell or remove the trees. If trees are felled in violation without permission there are penal provisions starting from section 10 onwards. The provisions cannot be implemented unless the data of existing trees is available. The data can be made available only if the proper tree census is carried out. Without tree census there cannot be any effective implementation of the provisions of 1976 Act," the Court noted..The TTZ Authority was also tasked with formally appointing the FRI within a week. The Court clarified that even for agro-forestry, trees covered under Section 3(11) of the 1976 Act would be included in the census."We direct the authority to appoint the FRI as an authority to carry out tree census of all the existing trees within the area of TTZ. we may clarify here that the census will be of trees covered by clause 11 of section 3 of 1976 act. Formal order appointing shall be passed by TTZ authority within one week from today," the order said. Authorities at the State and local levels were instructed to cooperate with the FRI in conducting the survey. Additionally, the FRI was directed to submit an affidavit outlining the methodology and timeframe for the census..As the hearing drew to a close, the Court reaffirmed that all provisions of the 1976 Act would continue to apply with full force, ensuring that tree-felling of any kind in the TTZ without prior permission remains illegal..[Read Live Coverage].[Read Order]