The bench headed by Justice Ranjan Gogoi did not allow the plea of UP administration that the permission of Central Ministry of Environment and Forests (MoEF) was not needed as it considers forest as "pristine" and undertakes that no tree would be cut in the forest area.
"We are not cutting even a single tree in the forest area and we are also not using this forest land for the project," senior advocate Ashok Desai, appearing for UP, said.
The counsel, appearing for MoEF, contended that it was for the state government to approach the Centre for mandatory permission.
At the outset, advocate ADN Rao, who has been appointed amicus curiae, informed the court that around 15 hectares of the Chak Ganjaria farm land, spread over 992 acres, falls under the definition of forest land.
Admittedly, no construction activities, to develop smart city near Lucknow, can be carried on forest land without getting a clearance from MoEF, he said.
Earlier, the court had asked the Centre and UP to give requisite information to the amicus curiae on allegation of cutting down trees in a sprawling farm land near Lucknow to develop a smart city.
The bench was hearing a plea filed by NGO 'We the People' through its general secretary and advocate Prince Lenin.
The petition has sought directions to UP and its Agriculture Production Commissioner that trees on the land near Lucknow should not be cut.
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