The Supreme Court on Monday warned Jaypee Infratech and other companies including NHAI that have earlier sought court permission for tree felling for constructing infrastructure projects, that it will order demolition of structures if compensatory afforestation is not done.

 

A bench of Justice Abhay Oka asked the counsel appearing for Jaypee Infra if the company has complied with the condition imposed by court for carrying out deforestation to build infra projects. The said permission was granted by court in 2011.

 

The counsel appearing for Jaypee informed the top court that the company has just come out of resolution and the new management just took over on the 4th of June 2024.

 

At this Justice Oka said, "we are making it very clear, apart from contempt action we will restore the land. If you have used the land for a public purpose and without compliance with the conditions we will issue directions that restore the land to original condition. In all these cases we are making it very clear if after felling of trees some progress has been made but compliance is not made with compulsory afforestation we will pass order of demolition of what has been constructed."

 

The top court then granted four weeks time to Jaypee Infratech to report compliance with the order dated 14th March 2011. 




The Supreme Court was hearing the MC Mehta case where it has taken up the issue of enhancing the green cover in Delhi and setting up a mechanism to ensure compliance of court orders regarding compensatory afforestation while granting tree felling permissions. The top court had through its judgment made it mandatory to seek court permission before carrying out deforestation for new construction projects.


In September, the top court had directed those project proponents who have obtained tree felling permission to submit data on compliance with directions for compensatory afforestation.


The court also heard the case of compliance by NHAI, who was supposed to plant 37000 trees for a project.


Counsel for NHAI informed the top court that he has been orally told that the afforestation order has been complied with.


Justice Oka asked the counsel for NHAI to file an affidavit reporting compliance with order dated 14 December 2015 by November 14. The top court will hear the case again on November 18.


"Now we are putting you to notice. One option will be if we don't see compliance we will restore the land to the original condition. The other will be cost for each tree short. This is the only way to enforce orders. If you are short by a hundred trees it will be 10 lakhs per tree more than 100 trees, 15 lakhs per tree," Justice Oka warned.