Why Supreme Court withdrew tree felling exemption for agro-forestry near Taj Mahal

The Supreme Court on Tuesday recalled its December 2019 order that had permitted tree felling for agro-forestry activities in the Taj Trapezium Zone, a defined area of around Taj Mahal where polluting activities are banned in order to protect the monument (TTZ) [MC Mehta vs. Union of India].A Bench of Justices Abhay S Oka and Ujjal Bhuyan said that the Court had been misled into passing the 2019 order and that there was no clarity on what agro-forestry actually meant.The earlier order was passed despite there being a standing direction that no trees could be felled in the TTZ without the Court’s permission, the Bench said.It further noted that the application which led to the 2019 exemption was vague and did not even explain what agroforestry entailed.“We find that there is no clarity on the meaning of agroforestry. The application purports to be made for purposes of agroforestry. Perhaps the Court was misled that the prayer seeking modification was confined to agroforestry... We will recall the order. The Court had been misled in this order. No one knows what agroforestry means,” the Bench said. Hence, said the exemption cannot continue in the absence of any material or definition on record, the Court made it clear.It will now re-hear the matter afresh..To clarify the issue, the Court also asked the Central Empowered Committee (CEC) to submit a report defining the meaning and scope of agro-forestry and to provide its recommendations on the matter. The CEC has been given one month and parties involved are free to submit any relevant material to assist the CEC.In the meantime, the Court made it clear that its earlier order prohibiting the felling of trees in the TTZ without prior permission, will remain in force.“The embargo on felling of trees without permission must remain on the lands surrounding the Taj Mahal,” the Bench ordered..Felling such large number of trees is worse than killing human beings.Justice Abhay S Oka.The Taj Trapezium Zone is a 10,400-square-kilometer protected area surrounding the Taj Mahal and other heritage monuments in Agra, Uttar Pradesh. It was established to curb pollution and environmental degradation threatening these historical sites.Advocate Kishan Chand Jain had filed an application in 2018 seeking permission for agro-forestry activities to continue in the TTZ. The Court on December 11, 2019 passed an order allowing Jain's application granting exemption to agro-forestry activities from requiring mandatory permission before felling trees.However, on March 5 this year, the Court took strong exception to the order passed by it in December 2019 and decided to reconsider the issue.When the matter was taken up today, it proceeded to recall the 2019 order and decided that it will hear the matter afresh in detail. .Later in the hearing today, the Court also took up a separate issue regarding the felling of 454 trees on forest and private land in Vrindavan. The Court expressed serious concern over the violation, especially after learning that the trees were cut despite the Court’s earlier embargo and that the land was subsequently transferred for a high-value transaction.“This brazen act of cutting 454 trees is like killing a large number of human beings, or worse than that,” Justice Oka said..Senior Advocate Mukul Rohatgi, appearing for the landowner, accepted responsibility. “All 454 are cut by me,” he told the Court, adding that his client had already spent 30 days in jail and was not aware of the Court’s orders at the time.But the bench remained unmoved. Justice Oka said environmental violations must carry serious consequences. “Firstly, felling such large number of trees is worse than killing human beings. Secondly, signal has to go loudly and clearly what happens if anybody ventures to do something like this it takes 100 years to go these kinds of trees." he said..The CEC’s report had recommended a penalty of ₹1 lakh per tree, amounting to a total of ₹4.54 crore. Rohatgi argued that the fine was excessive, especially since his client had cooperated with the investigation. He also proposed compensatory afforestation on nearby land, but not on the same plot.“I have not bought the land to play cricket...If it is on the same land, I will not be able to use it. The entire area is surrounded by industries," he said.However, the Bench did not heed to Rohatgi's request. It said that no construction would be allowed on the land and if there are industries in the adjoining lands, then action shall be initiated against them as well. “This is the TTZ area. You give us a list, we will take action against them also.” the Court said. .Supreme Court directs probe into tree felling in Taj Trapezium Zone.The Court clarified in its order that any construction permission granted to the landowner in question by other authorities would not be allowed to be acted upon without the express permission of the Court. It also directed that the contempt notice against the landowner will remain pending until a compliance affidavit is filed and the CEC certifies that all conditions, including afforestation have been fulfilled.The matter will now proceed after the CEC submits its report on agro-forestry and verifies compliance with its recommendations regarding the felled trees..[Read Order]