Supreme Court Warns to Demolish Jaypee and NHAI Projects for Ignoring Tree-Planting Rules

The Supreme Court has warned Jaypee Infratech and the National Highways Authority of India (NHAI) that their construction projects could be demolished if they do not comply with afforestation requirements related to tree-cutting for their projects.

During a hearing on Monday, Justices Abhay Oka and Augustine George Masih questioned Jaypee Infratech about its adherence to a 2011 court order that allowed tree removal only if specific planting conditions were met. Jaypee’s lawyer mentioned that the company had new management since June 4, 2024. Justice Oka warned that if Jaypee fails to comply, the court might restore the land to its original state and issue demolition orders for any non-compliant construction. The court has given Jaypee four weeks to prove compliance with the 2011 order.

The Supreme Court also asked NHAI about its commitment to plant 37,000 trees for a project. NHAI’s lawyer claimed they had met this requirement, but Justice Oka ordered them to submit an affidavit by November 14 to confirm this.

This case is part of ongoing environmental issues in and around New Delhi, which have been highlighted by public interest litigations (PILs) from environmental activist M.C. Mehta. These PILs focus on air pollution and preserving urban green spaces, prompting the court to closely examine tree-felling permits for development projects.

In September, the Supreme Court ordered project developers with tree-cutting permissions to report their compliance. A review by the Central Empowered Committee (CEC), appointed by the Supreme Court, found that 75% of construction projects in Delhi’s forest areas violated court conditions.

The CEC discovered that only five out of 20 reviewed projects followed the rules, including compensatory tree planting and obtaining necessary permissions under the Forest Conservation Act, 1980. The CEC criticized the responsible agencies and stressed the need for better monitoring of compliance.

Projects failing to meet conditions included a hostel at Jawaharlal Nehru University, construction at South Asian University, and a waste-to-energy plant in Okhla. Successful projects included NHAI work at Dhaula Kuan and others by Delhi Transco Ltd and the Central Public Works Department.

The CEC highlighted the Delhi government’s forest department’s poor record-keeping and recommended a six-month grace period for project developers to improve their compliance.