Supreme Court Plea Seeks To Replace Invasive 'Vilayati Babul' Plants At Agra's Soor Sarovar Bird Sanctuary

The Supreme Court on Monday heard a plea concerning the failure of the Uttar Pradesh state authorities to replace invasive non-native plant species, 'Vilayati Babul' or Prosopis Juliflora, a recognized grave ecological threat, that exist in large parts inside the Soor Sarovar Bird Sanctuary, District Agra, Uttar Pradesh, within the Taj Trapezium Zone, with native tree species.

A CJI Surya Kant led bench today issued notice in the plea filed by Devashish Bhattacharya, which states that similar action was carried out for Mathura region where the plants are found.

The plea cites a report by the Planning Commission of state of Tamil Nadu on Management of Prosopis Juliflora which has conclusively found that the species is a highly invasive alien plant causing degradation of biodiversity, alteration of ecosystem services, and damage to wetlands and forest habitats, and has recommended its phased removal from ecologically sensitive areas such as protected areas and water bodies.

Court has been told that the state in its own Site Management Plan (2020–2030) for Soor Sarovar Bird Sanctuary as well as the Working Plan (2024–2034) for the Social Forestry Division, Agra, has expressly recognized Prosopis juliflora (“Vilayati Babul”) as an invasive alien species causing degradation of native biodiversity and loss of avian habitat.

 Vilayati Babul is an invasive alien species, which is a deep rooted plant species that absorbs water from the phreatic zone situated of the water table exacerbating draught like conditions leading to demise of other native tree species and causing habitat loss for many other flora and faunal species, the petition states.

"This species is originally found in arid regions of Mexico, Central America and was introduced in India in 19th Century by Britishers as a means of generating fuel wood in Rajasthan region. However, this species is a phreatophyte i.e. a deep rooted plant that absorbs water from below the water table which exacerbates hydrological drought thereby causing death of surrounding species. Furthermore it is an allelopathic species i.e. it inhibits germination of seeds from many plant species around it and therefore directly affects phyto biodiversity of the region," court has further been told.

Arguing that Section 33 of the Wildlife (Protection) Act, 1972 authorizes Chief Wildlife Warden to manage and maintain sanctuaries and Section 33 (c) explicitly authorizes the Chief Wildlife Warden to take measures for improvement of any habitat, the petitioner submits, "In the present case, the Site Management Plan of the Sanctuary, expressly contemplates removal of invasive alien species such as Prosopis juliflora as a habitat improvement measure. Consequently, the Chief Wildlife Warden, U.P. (‘Respondent No. 3’) is fully empowered under Section 33 to permit and undertake such removal, and is under a corresponding obligation to exercise such power in furtherance of the Management Plan. Failure to do so defeats the statutory scheme of scientific management of sanctuaries and results in continued ecological degradation."

Accordingly, the petition seeks directions to the state to undertake replacement of Prosopis Juliflora/Vilayati Babul with native trees with broad based leaves and that an action plan be implemented in a phased and ecologically sustainable manner, including restoration through20 plantation of native species, under the supervision of competent forest authorities and experts/

Case Title: DEVASHISH BHATTACHARYA Vs STATE OF UTTAR PRADESH

Bench: CJI Kant, Justice Bagchi and Justice Mohana

Hearing Date: July 13, 2026