LI Network
Published on: February 7, 2024 at 13:18 IST
In a recent hearing addressing environmental concerns in the Taj Trapezium Zone, the Supreme Court expressed dissatisfaction with private entities seeking permission to fell trees for industrial projects without prior consultation with the state, the custodian of the subject land.
Justices Abhay S Oka and Ujjal Bhuyan emphasized that applications to cut trees should not be entertained without the consent of the state government, and only individuals who have been allotted land by the state may apply.
The Court raised concerns about entities approaching the court without a formal land allotment letter from the state and questioned how applications were being submitted without the state’s involvement in the decision-making process.
The case in question involved an application seeking permission to fell 28 trees in Uttar Pradesh for the construction of a road to provide access to a petrol pump.
The Court noted that the applicant failed to specify ownership of the land and criticized the lack of a concrete compensatory afforestation plan.
Justice Oka remarked that the applicant must demonstrate a suitable site for compensatory afforestation in close proximity to the area where the trees are to be felled.
The Court dismissed the current applications as “misconceived,” emphasizing the state’s role as the custodian of trees and the necessity for a thorough evaluation before tree-felling is permitted.
In conclusion, the Court granted the applicant the liberty to submit fresh applications, provided they include all necessary materials supporting the request.
Case Title: M.C. Mehta v. Union of India and Ors., W.P.(C) 13381/1984,