The Supreme Court has reiterated its 2015 order banning tree felling within 5 km of the Taj Mahal without its permission. Strict rules under the Taj Trapezium Zone remain in force to protect the heritage site.
New Delhi: The Supreme Court of India has once again emphasized its earlier order from 2015 which bans cutting of trees within 5 kilometers of the Taj Mahal in Agra, Uttar Pradesh, unless special permission is taken from the court.
This area falls under the Taj Trapezium Zone (TTZ), which covers about 10,400 square kilometers and includes parts of Agra, Firozabad, Mathura, Hathras, Etah in Uttar Pradesh, and Bharatpur in Rajasthan.
A bench of Justices Abhay S. Oka and Ujjal Bhuyan made it clear that the original rules laid down in the 2015 order are still active. These rules say that any tree cutting within 5 kilometers of the Taj Mahal will need permission from the Supreme Court itself.
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The bench stated,
“Areas located within 5 kilometers of Taj Mahal are concerned, 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 recommendation from Central Empowered Committee and will thereafter consider felling of trees.”
For areas that are beyond 5 kilometers from the Taj Mahal but still within the TTZ, the court said that prior approval from the Divisional Forest Officer (DFO) of the Central Empowered Committee (CEC) will be needed.
The DFO will have to follow the rules given in the Uttar Pradesh Tree Preservation Act before giving permission for any tree to be cut.
The court also clearly mentioned that there has to be proper compliance of all conditions before any tree is cut, even in non-sensitive areas of TTZ.
The bench said,
“Unless there is grave urgency of 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 and CEC were asked by the court to make sure all the required steps and conditions are followed before giving any approval for tree cutting. The court added that emergency tree felling should only be allowed if there is an immediate danger to human life.
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The judges clearly said,
“We make it clear that 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 possibility of loss of the human life.”
The court has also asked the Central Empowered Committee to submit a report suggesting if any new or additional rules are needed to protect two other important UNESCO World Heritage sites – the Agra Fort and Fatehpur Sikri. These two historic sites are also part of the Taj Trapezium Zone and require similar protection from environmental harm.
Meanwhile, the Supreme Court rejected a request from a trust based in Agra. This trust had asked the court to remove the condition of taking prior approval before cutting trees on private lands. But the court did not accept this request.
To remind, the Taj Trapezium Zone is a specially protected area created to control air pollution and protect historical sites like the Taj Mahal. In the 2015 order, the Supreme Court had made it compulsory to take its permission before cutting any tree within the TTZ.
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However, on December 11, 2019, the court slightly relaxed the rules and allowed tree felling on private and non-forest lands without court permission, but only outside the 5-kilometer zone around the Taj Mahal.
Now, the court has once again reinforced the original conditions for areas close to the Taj Mahal to ensure protection of the environment and heritage structures.
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