The Supreme Court upholds strict tree felling ban near Taj Mahal

The Supreme Court on Thursday reiterated its 2015 directive restricting tree felling within a 5-kilometer aerial distance of the Taj Mahal in Agra, UP, without its nod.

The Taj Trapezium Zone (TTZ), which is the subject matter before the top court, is an area of approximately 10,400 square kilometers that spreads across Agra, Firozabad, Mathura, Hathras, and Etah districts in UP and Bharatpur district in Rajasthan.

A bench of Justices Abhay S. Oka and Ujjal Bhuyan said tree felling in areas within TTZ beyond the 5-kilometer distance of the historical monument will require the prior permission of the divisional forest officer (DFO) of the central empowered committee (CEC), and the officer will be bound by the provisions of the UP Tree Preservation Act.

"Areas located within 5 kilometers of the Taj Mahal are concerned; the original order dated May 8, 2015, will continue to operate. In such cases, applications will have to be made seeking permission to fell trees, even if trees are less than 50. This court will seek a recommendation from the Central Empowered Committee and will thereafter consider felling of trees," the bench said.

It added, "Unless there is grave urgency for the felling of trees, the Divisional Forest Officer has to impose a condition that actual tree felling can be done only once all other conditions, including compensatory afforestation, are complied with." The DFO or CEC were first directed to ensure compliance with the prescribed conditions before allowing felling of trees.

"We make it clear that the exception will apply only when there is grave urgency to fell trees in the sense that if action of felling of trees is not immediately undertaken, there may be the possibility of loss of human life," the bench said.

The court further sought a report from the CEC indicating whether any additional restrictions should be imposed for protecting two other world heritage structures, namely Agra Fort and Fatehpur Sikri.

The court, in the meantime, dismissed another plea of an Agra-based trust seeking the condition to obtain prior permission to fell trees on private lands to be relaxed.

The TTZ, an area of approximately 10,400 square kilometers, spreads across Agra, Firozabad, Mathura, Hathras, and Etah districts in UP and Bharatpur district in Rajasthan.

The top court, in its May 8 order, mandated that no tree felling could occur in the TTZ without prior court approval, a measure aimed at curbing deforestation and protecting the region’s biodiversity.

On December 11, 2019, the apex court modified this order, removing the requirement for prior permission for tree felling on non-forest and private lands within the TTZ.