In a significant move to protect the environment around the Taj Mahal, the Supreme Court has ordered the imposition of penalties up to ₹25,000 per tree for illegal felling within the Taj Trapezium Zone (TTZ).
Invoking its powers under Article 142 of the Constitution, the Court passed directions to ensure immediate deterrence in the absence of stronger statutory provisions.
A Bench comprising Justice Abhay S. Oka and Justice Augustine George Masih issued the order while hearing the long-pending environmental case, MC Mehta v. Union of India & Ors [Writ Petition (Civil) No. 13381/1984].
The Court approved a tiered penalty structure recommended by the Centrally Empowered Committee (CEC) to address various types of illegal tree felling:
For Farmers Cutting Exempted Species (Private Land):
A compounding fee of ₹5,000 per tree will be levied. The timber will be returned to the farmer.
For Non-Farmers or Felling of Restricted Species:
A ₹10,000 per tree fine will be imposed. The timber will be seized, and the violator must fund the block plantation of ten times the number of trees felled, with five years of maintenance.
For Offences under the Indian Forest Act, 1927:
A ₹25,000 per tree penalty will apply. The timber will be seized in favour of the Forest Department, and the offender must bear the cost of tree-guard-protected plantation of ten times the trees felled, also with five years of maintenance.
Application to Courts and Lok Adalats:
The same structure may be adopted by District Courts and Lok Adalats while disposing of cases of illicit tree felling in the TTZ.
Highlighting the ecological sensitivity of the TTZ, the Court observed:
“There has to be a deterrent on illegal tree felling. The reason is that illegal tree felling has a direct co-relation with the preservation of the Taj Mahal and other ancient monuments in the TTZ area.”
The Bench noted with concern that the Uttar Pradesh government had not acted on the Court’s earlier recommendation from November 2023 to amend the Uttar Pradesh Protection of Trees Act, 1976. The Court had then flagged the inadequacy of the existing penalties — currently as low as ₹1,000 under Section 10 of the Act.
Additional Solicitor General Aishwarya Bhati submitted that since legislative amendments would take time, the Court may consider issuing interim directions applicable specifically to the TTZ.
Accepting this argument, the Court relied on the CEC’s 2024 report which revealed instances of individuals cutting down trees — including those on private land — either on grounds of danger to life/property or due to vested interests. The CEC had formulated its recommendations after consultations with stakeholders.
The Supreme Court directed the immediate implementation of these measures in the TTZ and ordered that a copy of the judgment be sent to the Registrars General of the Allahabad and Rajasthan High Courts for circulation to district courts in the affected jurisdictions.
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