New Delhi:
Can a trunk measuring four to five inches in diameter be called a tree? This doubt has made the Supreme Court withhold its order granting permission to cut 4313 trees within the Taj Trapezium area in Uttar Pradesh.
The Supreme Court was examining the recommendation of the Central Empowered Committee (CEC) giving its nod to cut 4313 trees for the Dedicated Freight Corridor project by the Railways, funded by the World Bank.
Out of 351 kilometres of the first phase of the project, 76 kilometres falls within the Taj Trapezium area. The Supreme Court is monitoring the safety and environmental issues related to the Taj.
The CEC said that 25,000 trees would be planted by the Dedicated Freight Corridor Corporation of India.
The Supreme Court almost dictated its order accepting the recommendation of the CEC which said the freight corridor project is of national importance and in public interest, but a question posed by Justice Madan Lokur, one of the judges in the two judge bench, created a problem for the Centre.
The Judge asked the Centre why the same variety of trees to be cut, are not being planted. This prompted the senior judge, Justice DK Jain, to read the report carefully and he came out with a question. Pointing out in the report he asked, "some trees to be felled...the report says the diameter of the trunk is four to five inches. How can a tree have just four to five inch diameter trunk? It may be a sapling. How can a sapling be called a tree? Can it be included in the definition of tree?"
Advocate ADN Rao, appearing for the CEC, told the court that under the Forest Act a sapling is a tree.
Not satisfied with the arguments, the bench said, "We need to look into it more carefully" and adjourned the case to November 2.