The Supreme Court has firmly held that its 2015 order, requiring prior permission for cutting trees within the Taj Trapezium Zone (TTZ), will still apply. This rule will cover all tree felling within an aerial distance of 5 kilometers from the Taj Mahal.
A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan passed the order in the ongoing MC Mehta case concerning environmental protection in the TTZ.
"Therefore, order dated 15th May 2015 will continue to operate in case of areas situated within aerial distance of 5 kms from Taj Mahal. Therefore, as far as this area is concerned, no tree felling will be permitted without permission of this court," the Court stated.
The Court stressed that even if fewer than 50 trees are involved, the permission must be sought. Such applications will first be referred to the Central Empowered Committee (CEC) for its recommendations before the Court grants permission.
For areas within the TTZ but beyond the 5 km radius from the Taj Mahal, the Supreme Court said permission for felling trees can be given by the Divisional Forest Officer (DFO) or the CEC. However, such permission must comply with the Uttar Pradesh Tree Preservation Act.
Section 7 of the Act requires that for every tree felled, two new trees must be planted unless exemption is granted. Also, Section 10 states that unauthorized tree felling or breaking conditions of permission can result in up to six months of imprisonment or a fine up to one thousand rupees.
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The Court made it clear that the DFO must impose conditions to ensure that no tree is cut unless all pre-conditions, like compensatory tree planting, are fulfilled. The DFO or CEC must check the fulfillment of these conditions before any tree is felled or moved.
"This exception will apply only when there is grave urgency to fell trees in the sense that if action of felling of trees is not immediately undertaken, there may be possibility of loss of human life," the Court clarified.
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The Court allowed a rare exception for emergencies where immediate tree cutting is needed to prevent loss of human life.
In addition, the Supreme Court directed the CEC to study and report whether further restrictions are necessary to protect other UNESCO World Heritage Sites in Agra, like the Agra Fort and Fatehpur Sikri.
The Court also dismissed a plea by a trust that sought to relax the permission requirement for tree cutting on private or non-forest land in the TTZ. Advocate Kishan Chand Jain argued that this would boost agro-farming and proposed a system of registering trees and persons involved in cutting.
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Rejecting the request, the Court remarked:
"In substance what the applicant wants is a blanket order permitting felling of trees on non-forest land as a part of so-called agro-farming. If we grant this relief, the orders which this court has been passing from 1984 will be completely frustrated."
The Court said allowing such blanket permission would harm the environment in the TTZ and defeat decades of protective orders. It concluded that such applications do not support the vision of developing Agra as a modern, culturally sensitive city.
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This decision also comes after the Court had earlier recalled its December 11, 2019 order, which had mistakenly relaxed permission requirements. The earlier order had been based on a misunderstanding about agro-forestry and was found to lack supporting material.
Further, on March 25, 2025, Additional Solicitor General Aishwarya Bhati had suggested allowing tree felling involving fewer than 50 trees without court permission. The Court, however, decided that the complete embargo will continue around the Taj Mahal until further orders.
Thus, the latest ruling firmly confirms that even cutting less than 50 trees within 5 km of the Taj Mahal needs prior Supreme Court approval.
Case Title: MC Mehta v. Union of India & Ors.
Case No.: Writ Petition (Civil) No. 13381/1984
