SC warns of demolition of Jaypee, NHAI projects for not complying with afforestation terms

The Supreme Court warned companies and public sector undertakings including Jaypee Infratech and the National Highways Authority of India that it may order the demolition of their structures if they fail to meet compensatory afforestation conditions laid down for tree-felling in their projects.

During a hearing on Monday, a bench of Justice Abhay Oka and Justice Augustine George Masih questioned Jaypee Infratech about its compliance with a 2011 court order that permitted cutting down of trees for construction provided certain afforestation conditions were met. Jaypee’s counsel said the company had transitioned to a new management on 4 June 2024.

Justice Oka responded that if compliance was not achieved, the court would restore the land to its original condition and could issue demolition orders for any construction made without fulfilling afforestation requirements. The court granted Jaypee four weeks to report compliance with its 2011 order.

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The Supreme Court also questioned NHAI regarding its obligation to plant 37,000 trees for a project. The NHAI’s counsel claimed compliance had been achieved, but Justice Oka instructed them to file an affidavit by November 14.

This case is part of ongoing environmental concerns in and around New Delhi, largely prompted by public interest litigations (PILs) filed by environmental activist M.C. Mehta. They address environmental issues including air pollution and the preservation of urban green cover, leading to judicial scrutiny of tree-felling permissions granted for development projects.

Projects reviewed

In September, the Supreme Court required project proponents with tree-felling permissions to submit their compliance data. A review by the Supreme Court-appointed Central Empowered Committee (CEC) revealed that 75% of the construction projects in Delhi’s forest or ridge areas violated conditions set by the apex court.

Permissions to build within forest areas must first be cleared by the CEC and then approved by the Supreme Court.

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The CEC found that only five of the 20 projects reviewed complied with the conditions, including compensatory plantation and obtaining permissions under the Forest Conservation Act, 1980. The panel criticised the agencies responsible, emphasising the need for a customised management information system to ensure compliance and monitoring of project details.

It noted that project proponents often showed initial interest in compliance and neglected the conditions thereafter. Projects that failed to meet these conditions included a hostel at Jawaharlal Nehru University, construction at South Asian University, a waste-to-energy plant in Okhla, and several government buildings.

Projects that adhered to all conditions included NHAI’s work at Dhaula Kuan, a Delhi Transco Ltd project, and a Central Public Works Department initiative at Mahipalpur.

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The CEC underscored the lack of proper compliance records maintained by the Delhi government’s forest department and the Ridge Management Board, recommending a six-month grace period for project proponents to ensure future compliance.