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15 May 2025, 05:42 PM
The Supreme Court recently imposed penalties up to Rs. 25,000 per tree for illegal tree felling within the Taj Trapezium Zone (TTZ), invoking its powers under Article 142 of the Constitution.
Farmers who illegally fell private trees of exempted species to be fined Rs. 5,000 per tree as a compounding fee, with the timber returned to them. In cases involving restricted species or exempted species felled by non-farmers, a Rs. 10,000 per tree fee is to be imposed, the timber seized, and the offender required to fund block plantation of ten times the number of trees felled, with five years of maintenance.
For illegal tree felling offence under the Indian Forest Act, 1927, a Rs. 25,000 per tree fee is to be levied, with timber seized and a requirement to finance tree-guard protected plantation of ten times the trees felled, along with five years of maintenance.
A bench of Justice Abhay S Oka and Justice Augustine George Masih passed this order after noting that the Uttar Pradesh government has not yet taken a decision on its earlier direction to consider enhancing penalties under the Uttar Pradesh Protection of Trees Act, 1976.
“There has to be a deterrent on illegal tree felling. The reason is that illegal tree felling has a direct co-relation with preservation of the Taj Mahal and other ancient monuments in the TTZ area”, the Court observed.
The Court was hearing the MC Mehta case related to environmental protection in the TTZ area. In November last year, the Court had requested the UP government to amend the 1976 Act, flagging the inadequacy of the penalties for illegal tree felling under Sections 10 (fine of Rs. 1,000) and 15 of the Act and suggested enhancing them to act as a deterrent.
Additional Solicitor General Aishwarya Bhati submitted that as amendment is a legislative process and will take time, the court may consider issuing directions in applicable to the TTZ area for the time being.
The Court referred to Report No.17 of 2024 of the Centrally Empowered Committee, which highlighted that some individuals illegally cut down trees they own either when they pose danger to life and property or for vested, non-genuine interests. The CEC suggested penalties following consultations with stakeholders. The recommendations, as approved by the Court, are as follows:
“(a) For illegal felling of private trees of exempted species by farmers: Rs.5000 (Rs.Five thousand only) per tree may be recovered by the Divisional Forest Officer as compounding fees and timber may be handed back to the farmer.
(b) For illegal felling of private trees of restricted species by any person and exempted species by any person other than farmer: Rs 10000 (Rs. Ten thousand only) per tree may be recovered by the Divisional Forest Officer as compounding fees, timber may be seized in four of department and amount for block plantation of trees ten times the number of trees illegally felled with 5 years maintenance be deposited with the Forest Department.
(c) For illegal felling offence as covered in IFA 1927: Rs 25000 (Rs. Twenty-five thousand) per tree may be recovered by the Divisional Forest Officer as compounding fees, timber may be seized in favour of department, and amount for tree guard protected plantation of trees ten times the number of trees illegally felled with 5 years maintenance to be deposited with Forest Department.
(d) The same process may also be adopted by respective Lok Adalats and District Courts while disposing of the cases of illicit felling in the TTZ.”
The Court ordered the implementation of the above recommendations within the TTZ area. It directed that a copy of the order be sent to the Registrars General of the Allahabad High Court and the Rajasthan High Court, who are to ensure further transmission to the relevant district jurisdictions.
Case no. – Writ Petition (Civil) No. 13381/1984
Case Title – MC Mehta v. Union of India & Ors.