Supreme Court reinforces tree-felling restrictions around Taj Mahal, upholding 2015 environmental safeguards in the Taj Trapezium Zone.
Case in news
The Supreme Court of India orders prior permission for tree felling within 5 km of Taj Mahal to continue .
Case Overview
Case name:MC Mehta v. Union of India & Ors.
The Supreme Court of India through a bench of Justice Abhay S Oka and Justice Ujjal Bhuyan reaffirmed that its 2015 order needing prior permission for tree felling in the Taj Trapezium Zone remains in effect . The Supreme Court explained that no trees can be felled within a 5 km aerial radius of the Taj Mahal without its express approval strengthening environmental protections in the area .
Key Aspects
- The 2015 Supreme Court order on tree felling near Taj Mahal remains fully operative .
- Prior Court permission is mandatory even for felling fewer than 50 trees .
- CEC to review all applications and give recommendations .
- DFO/CEC can permit felling beyond 5 km within the Taj Trapezium Zone .
- Exceptions permitted only for grave urgency to prevent human loss .
- Court rejected plea for blanket exemption on private/non-forest land .
Legal insights
- Uttar Pradesh Tree Preservation Act, 1976 :
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- Section 4 : Requires prior written permission of the Tree Officer (DFO) for felling any tree.
- Section 7 : Mandates compensatory afforestation—planting of 2 trees for every tree felled unless exempted .
- Section 10 : Prescribes penalties for unauthorized felling—imprisonment up to 6 months or a fine up to ₹1,000 .
- Section 4 : Requires prior written permission of the Tree Officer (DFO) for felling any tree.
- Environmental (Protection) Act, 1986 : Empowers the Supreme Court of India to enforce guidelines for environmental protection in sensitive zones like the Taj Trapezium Zone .
- Reference to Delhi Preservation of Trees Act, 1994 : Applied comparably for policy guidance but not governing the TTZ .
Court’s Verdict
The Supreme Court of India held that prior approval remains compulsory for any tree felling within a 5 km radius of the Taj Mahal for strict environmental control in the Taj Trapezium Zone . It rejected the plea for exemptions by a trust stating such measures would undermine the environmental goals set since 1984 . The Supreme Court of India also ordered the CEC to assess if additional restrictions are required to protect Agra Fort and Fatehpur Sikri .
Source
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