The Supreme Court on Monday warned that it would not hesitate to initiate contempt proceedings or order the demolition of properties if earlier directives to replace trees felled for construction projects are not followed [MC Mehta v Union of India and ors].

A Bench of Justices Abhay S Oka and Augustine George Masih made it clear that it was serious about this issue.

"We are saying very seriously that where several trees have been felled for some project and conditions like compulsory afforestation are not complied with thereafter, we will direct demolition of such construction and issue contempt," Justice Oka remarked.

Will order demolition of properties if condition to replace trees

The Bench was hearing an application concerning a project by Jaypee Infratech Limited.

The counsel for Jaypee today sought some time to respond, explaining that new management has taken over. The Bench eventually obliged and granted four weeks.

The Court also took a serious view of a submission in a related matter, where afforestation measures earlier ordered were not yet complied with. This concerned a project by the Rail Vikas Nigam Limited, which had been granted permission to go forward with a railway project provided that 50,943 trees were planted to replace the trees cut down for the project.

Counsel for Rail Nigam today told the Court that the Forest Department had taken money from them for the afforestation measures, but no further step was taken.

"Go file a case against them (Forest Department)," Justice Oka said.

The Court proceeded to stay the permission earlier granted to fell trees for the rail project.

"Since you were granted permission to fell trees for your project, it becomes your responsibility to comply with our order," Justice Oka told the Rail Nigam's counsel.

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