M.C. Mehta Vs Union Of India & Ors

Supreme Court Of India 2 Dec 2020 Interlocutory Application Nos. 577, 46595, 51269 Of 2017, 3975, 3976, 54455 , 54459, 97081, 97085, 136682, 136683 Of 2018, 15724, 43237, 43243, 94794, 94795, 102976, 102977, 112182, 112185, 134453, 134454, 171139, 171142 Of 2019, 3186, 3419, 3420, 4115, 4 (2020) 12 SC CK 0051
Bench: Full Bench

Judgement Snapshot

Case Number

Interlocutory Application Nos. 577, 46595, 51269 Of 2017, 3975, 3976, 54455 , 54459, 97081, 97085, 136682, 136683 Of 2018, 15724, 43237, 43243, 94794, 94795, 102976, 102977, 112182, 112185, 134453, 134454, 171139, 171142 Of 2019, 3186, 3419, 3420, 4115, 4

Hon'ble Bench

Sharad Arvind Bobde, CJ; A.S. Bopanna, J; V. Ramasubramanian, J

Advocates

Tushar Mehta, D.L. Chidananda, Suhasini Sen, S.S. Rebello, Kanu Aggarwal, Archana Pathak Dave, Gurmeet Singh Makker, Aishwarya Bhati, Rajeev Kumar Dubey, Siddharth Krishna Dwivedi, Ashiwan Mishra, Kamlendra Mishra, A.D.N. Rao, Anil Katiyar, M.K. Maroria, Vijay Panjwani, Ankur Prakash, Ravi Prakash Mehrotra, Ankit Agarwal, Abhinav Shrivastava, Karan Kohli, L.R. Singh, K.C. Jain, Rajesh Kumar, E.C. Agrawala, Arvind Kumar Sharma, Atishi Dipankar, Ankur Prakash, Jatinder Kumar Bhatia, Ashutosh Kumar Sharma, Sudhir Kulshreshtha, Dr. Manish Singhvi, Dr. Manish Singhvi, Sandeep Kumar Jha, M. R. Shamshad, Vishwajit Singh, P. K. Manohar, Nikhil Goel, Pradeep Misra Advocate Suraj Singh Advocate Ajit Sharma, Dr. Vipin Gupta, P. Parmeswaran, s. Rachana Joshi Issar, Prashant Kumar, P. Narasimhan, Rajiv Tyagi, Satymev Sabarn, Rohit Gupta, Siddhesh Kotwal, Divyansh Tiwari, Ana Upadhyay, Astha Sharma, Ajay K. Agrawal, idula Ray Bharadwaj, Shiv Prakash Pandey, Laxmi Arvind, Suchitra Atul Chitale, Badri Prasad Singh, Rachna Gupta, Shantanu Krishna, Abhinav Agrawal, Mayuri Raghuvanshi, Abhinav Shrivastava, Abhishek Chaudhary, Gaurav Goel, Nischal Kumar Neeraj, Aparna Bhat, Gaurav Agrawal, Rakesh Mudgal, Dr. Monika Gusain

Judgement Text

Translate:

I.A. NOS. 3975/2018, 3976/2018, 35972 OF 2020 I.A. NOS. 54455 & 54459 OF 2018

I.A. NOS. 15724,43243 AND 43237 OF 2019 IN I.A NO. 54455 OF 2018

I.A. NOS.94794 AND 94795 OF 2019

I.A. NOS.112182 AND 112185 OF 2019

I.A. NOS. 134453, 134454/2019 AND 3186 OF 2020

I.A. NOS. 171139 AND 171142 OF 2019

I.A. NOS. 3419, 3420 AND 3424 OF 2020

I.A. NOS. 4115, 4118 AND 4119 OF 2020

I.A. NOS. 15274, 15276 AND 15277 OF 2020

CIVIL APPEAL NO. 782 OF 2020

At the request of Mr. M.C. Mehta, petitioner-in-person, we grant three months’ time to undertake further visits and carry out sampling and

analysis of major drains/water bodies and the proposed leather parks and also discuss with the local authorities so that the final report may be

submitted before this Court.

List the matter(s) after three months along with the report.

I.A. NOS. 107645, 107646 AND 107647 OF 2020

Issue notice returnable in January, 2021

I.A. NO. 42482 OF 2020

I.A. NOS. 72769 AND 72770 OF 2020

I.A. D.NO. 31832 OF 2020

Put up in the month of January, 2021.

I.A. NO. 577 OF 2017, I.A. NO. 46595 OF 2017, I.A. NO. 51269 OF 2017, I.A. NO. 19749 OF 2018, I.A. NOS. 97081 & 97085 OF 2018, I.A.

NOS. 136682 & 136683 OF 2018 AND I.A.D.NO. 102976 AND 102977 OF 2019

These are the applications for permission to fell thousands of trees. The Public Works Department (PWD), Uttar Pradesh, assured that they will

compensate by planting the same type of trees in another area so that there is no loss to the environment in general.

It is not possible for us to accept a compensation in merely arithmetical terms particularly since there is no statement forthcoming from the State of

Uttar Pradesh or the PWD as to the nature of the trees that is to say whether they are classified as shrubs or large trees. Moreover, there is no

information available to us regarding the age of the trees since it is obvious that there cannot be compensatory reforestation if a sampling is planted

after one hundred year old tree is cut down.

Ms. Aishwarya Bhati, learned Additional Solicitor General appearing for the respondent â€" State of Uttar Pradesh, is not in a position to make a

statement as to how the Forest Department of Uttar Pradesh intends to evaluate the trees in question. Clearly they cannot do so in terms of the timber

but must adopt a method of evaluation which takes into account the oxygen producing capacity of a particular tree over its remaining life span,

assuming that it may be cut now.

Mr. A.D.N. Rao, learned counsel, makes a statement that there is a system of evaluation called Net Present Value (NPV). The State of Uttar

Pradesh is expected to look at the NPV method of evaluation also. In any case, at the request of Ms. Aishwarya Bhati, learned ASG, we adjourn the

matter(s) for a period of four weeks so that the State of Uttar Pradesh may inform the Court about the method of evaluation it intends to adopt. The

State of Uttar Pradesh may also consider the reduction in the number of trees proposed to be fell for the stated purposes of building road etc.

It is to be kept in mind that the only effect that is likely to arise if the trees are retained would be that the roads may not be straight and therefore, not

capable of accommodating high speed traffic. Such an effect may not necessary be deleterious particularly since high speed on the highways is known

to cause serious accidents and cause of innumerable deaths on Indian roads.

List the matter(s) after four weeks along with Writ Petition (C) No.295/2012.

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