Valuation of trees: SC asks committee to submit report within four weeks

The Supreme Court asked an expert committee, constituted by the apex court to develop a set of scientific and policy guidelines which would govern the decision making regarding cutting of trees

The Supreme Court Wednesday asked an expert committee, constituted by the apex court to develop a set of scientific and policy guidelines which would govern the decision making regarding cutting of trees for developmental projects and also on the assessment of the value of such trees, to submit its report within four weeks.

The apex court passed the order to this effect while permitting the felling of 1,803 trees for a road-widening project in Mathura, which falls under the Taj Trapezium Zone (TTZ), in strict compliance with the conditions recommended by the Central Empowered Committee (CEC.)

The TTZ is an area of about 10,400 sq km spread over the districts of Agra, Firozabad, Mathura, Hathras, and Etah in Uttar Pradesh and Bharatpur district of Rajasthan and the top court has been hearing a petition related to the environment and preservation of historic monuments, including the iconic Taj Mahal, and its surroundings.

 

A bench headed by Justice L Nageswara Rao was informed that the top court had in March this year in another matter constituted a committee to make recommendations on various aspects, including on the mechanism to calculate the value of trees, and the report is awaited.

Solicitor General Tushar Mehta said the committee may be asked to expedite the report.

Taking note of the submission, the bench, also comprising Justices B R Gavai and B V Nagarathna, said The committee shall submit its report within a period of four weeks.

Meanwhile, the bench, while allowing felling of the trees for road widening project in Mathura, said that payment for the value of the trees shall be determined after the report is submitted by the committee, subject to final acceptance by the apex court.

It observed that the concerned authority of Uttar Pradesh has reduced the number of trees, that are required to be felled for the widening of the road, from 2,940 to 1,803.

The top court also noted that the CEC has filed a report in respect of the permission sought for felling of trees for the road widening project and it has recommended acceptance of the proposal subject to certain conditions.

On March 25, the top court while hearing a matter related to the felling of trees in West Bengal for the widening of roads and construction of road over bridges, had constituted a seven-member expert committee.

It had observed that it is imperative to make a realistic assessment of the economic value of a tree that may be permitted to be felled for a development project.

During the hearing on Wednesday, the bench also dealt with another application seeking certain clarification on the order passed by the apex court on December 6, 2019, which permitted the state and other statutory authorities to grant environmental clearances (ECs) to various public utility projects such as drinking water supply, sewerage treatment plant and drainage system in the TTZ.

The apex court noted that clarification sought on the December 2019 order pertains to the issue of concurrence of the CEC and NEERI before according such decisions.

In its December 2019 order, the top court had said the authorities were at liberty to consider requests for relocating eco-friendly non-polluting industrial units, subject to them meticulously complying with environmental laws and all norms/conditions laid down by the court.

The top court had also said in its order that there shall be an embargo on granting clearances to and/or shifting of any heavy industry until a final decision is taken on the vision document.

While hearing the matter on Wednesday, the bench noted that the amicus curiae, who is assisting the court in the matter, in consultation with the counsel representing Uttar Pradesh have filed a note in this regard.

The bench modified the order passed in December 2019 in respect of the prayer made in the application in terms of the note.

The bench has posted the matter for further hearing in January.

The top court on March 22, 2018, had ordered status quo concerning granting of ECs to various projects by the authorities in the TTZ till the time the vision document on protection and preservation of Taj Mahal and the surrounding environment was filed by the Uttar Pradesh government.

The apex court is hearing the matter related to the protection and preservation of the iconic Taj Mahal at Agra and its surroundings.

The court has been monitoring developments in the area to protect the monument, built by Mughal emperor Shah Jahan in the memory of his wife Mumtaz Mahal in 1631. The mausoleum is a UNESCO World Heritage Site.