Today, on October 14th, the Supreme Court of India has warned that it will initiate contempt proceedings or order demolitions if developers fail to replace trees cut down during construction. During the hearing, the Court emphasized strict compliance with afforestation orders, holding parties accountable for environmental sustainability in their projects.
New Delhi: The Supreme Court of India has issued a stern warning, emphasizing that it would not hesitate to initiate contempt proceedings or even order the demolition of properties if directives to replace trees felled for construction projects are not adhered to. This warning was delivered today, on October 14th during the hearing of a case related to environmental compliance in construction projects.
A Bench comprising Justices Abhay S Oka and Augustine George Masih conveyed the seriousness of the issue, reiterating the Court’s determination to enforce its orders regarding compulsory afforestation.
The Bench made its stance clear,
“We are saying very seriously that where several trees have been felled for some project and conditions like compulsory afforestation are not complied with thereafter, we will direct demolition of such construction and issue contempt,”
remarked Justice Oka.
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This statement serves as a powerful reminder that developers and government agencies must strictly follow environmental guidelines, particularly when it comes to replanting trees that have been felled for construction projects.
The court was hearing an application concerning a project by Jaypee Infratech Limited, which has been under scrutiny for not fulfilling the condition of replacing trees felled for its construction project. Counsel for Jaypee Infratech requested time to respond, explaining that new management had taken over the company.
In response, the Supreme Court granted the company four weeks to address the matter and ensure that compliance is achieved. However, the Bench made it clear that no leniency would be given if the afforestation conditions are not met.
During the same hearing, the Court also took up a related matter involving a project by Rail Vikas Nigam Limited. The Court had previously granted permission for the project, allowing the felling of trees on the condition that 50,943 trees would be planted to replace those cut down. However, it was revealed that the afforestation measures had not been implemented.
Counsel for Rail Nigam explained that although the Forest Department had received funds for the replanting process, no steps had been taken to plant the trees. In a strong rebuke, Justice Oka directed the counsel to take legal action against the Forest Department for failing to carry out the afforestation.
“Go file a case against them (Forest Department),” Justice Oka said, expressing the Court’s displeasure with the lack of action.
Due to the failure to comply with the afforestation order, the Supreme Court decided to stay the permission previously granted to Rail Vikas Nigam for felling trees in connection with its railway project. The Court emphasized that the responsibility for ensuring compliance rests with the party that was granted permission for the project.
“Since you were granted permission to fell trees for your project, it becomes your responsibility to comply with our order,”
Justice Oka sternly reminded the counsel for Rail Vikas Nigam.
The Supreme Court’s warning underscores the seriousness of ensuring environmental sustainability in construction projects. The clear message from the Bench is that environmental laws and afforestation conditions are not negotiable. Developers and government bodies alike must take their responsibility to protect the environment seriously or face severe consequences, including contempt proceedings and demolition orders.
This case sets a strong precedent, reinforcing the need for accountability in projects that affect India’s forests and ecosystems. The Court’s proactive stance ensures that environmental degradation will not be tolerated, and afforestation requirements must be met diligently.
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