SC on Tree Cutting near Taj

In a recent hearing addressing environmental concerns within the Taj Trapezium Zone, the Supreme Court took a significant step by instructing the Centrally Empowered Committee (CEC) to thoroughly examine the possibility of constructing a road in Uttar Pradesh without the need to cut down a substantial number of trees, specifically 3874. Justices Abhay S Oka and Ujjal Bhuyan expressed dissatisfaction with the state's application for tree felling in connection with the proposed Agra-Jalesar-Etah road, describing it as vague.

They emphasized the citizen's duty, as per Article 51A, to protect trees and stressed the state's responsibility to ensure the preservation of the maximum number of trees.

As part of its directives, the court requested the state to provide a detailed sketch of the proposed road alignment, indicating the specific location of the 3874 trees.

Additionally, the CEC was tasked with determining, within a month, whether it was feasible to save some of these trees without compromising the planned road alignment. Concerned about a previous matter where the CEC couldn't submit a report due to unapproved alignment by the National Highway Authority of India (NHAI), the court directed the CEC to examine whether the proposed road's alignment had received NHAI approval in the present case.

The court scheduled the next hearing for March 12, 2024, and during the interim period, instructed the state to investigate the possibility of translocating some of the trees. Furthermore, the state was ordered to present evidence indicating where compensatory afforestation would take place. This move underscores the court's commitment to balancing developmental needs with environmental preservation.

It's important to note that the Taj Trapezium Zone, covering 10,400 sq km around the Taj Mahal, was established to shield the iconic monument from pollution. The Supreme Court's historic ban on coal use in industries within this zone in 1996 aimed at safeguarding the Taj Mahal from environmental pollution.

Last year, the court lifted certain restrictions, allowing compliant industrial units to operate after obtaining a No Objection Certificate from the Ministry of Environment.

What is Taj Trapezium?

The Taj Trapezium Zone (TTZ) is a designated area of 10,400 square kilometers around the Taj Mahal, established to protect the monument from environmental pollution. It was created in 1996 following a Supreme Court ruling in response to a public interest litigation seeking to protect the Taj Mahal. 

The TTZ covers parts of the Agra and Bharatpur districts in Uttar Pradesh and Rajasthan, India. It encompasses not only the Taj Mahal, but also other important historical monuments like the Agra Fort and Fatehpur Sikri.

The TTZ aims to achieve its goal by:

Restricting certain industrial activities: The use of coal and coke is banned in industries within the TTZ, and other polluting industries are either required to adopt cleaner technologies or relocate outside the zone.

Controlling vehicular emissions: Measures are in place to reduce vehicular emissions, such as promoting the use of CNG vehicles and restricting the entry of old and polluting vehicles.

Protecting green cover: The TTZ aims to increase green cover in the area by planting trees and protecting existing forests.

The TTZ has been successful in reducing air pollution levels around the Taj Mahal. However, challenges remain, such as the enforcement of regulations and the need for funding to implement environmental protection measures.

What is CEC?

The Centrally Empowered Committee (CEC) is a body established by the Supreme Court of India in 2002 to monitor the implementation of its orders related to environmental protection and forest conservation. It functions under the administrative control of the Ministry of Environment, Forests and Climate Change (MoEFCC).

Composition:

* Chairperson, who is a retired judge of the Supreme Court of India.

* Member Secretary, who is an officer of the Indian Forest Service (IFS).

* Three other expert members, who can be from various fields such as environmental law, forestry, wildlife biology, and social sciences.

Functions:

* Monitor the implementation of the Supreme Court's orders related to environment and forests.

* Identify and investigate cases of non-compliance with the Court's orders.

* Submit reports to the Supreme Court on the status of implementation of its orders.

* Recommend measures to the Court for ensuring compliance with its orders.

* Advise the MoEFCC on matters related to environment and forests.

Recent changes:

* In September 2023, the Supreme Court allowed the CEC to function under the administrative control of the MoEFCC. This means that the MoEFCC will now nominate the members of the CEC and have the final say on the merit of its recommendations.

* This change has been criticized by some environmental activists, who argue that it will make the CEC less independent and effective.

Criticisms:

* Some critics argue that the CEC is not effective in enforcing the Supreme Court's orders, as it is often unable to get states and central government agencies to comply with its recommendations.

* Others argue that the CEC is biased in favor of environmental protection and does not take into account the needs of development.

Overall, the CEC is a significant body that plays an important role in protecting the environment in India. However, it faces challenges in terms of its effectiveness and independence.

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