Supreme Court: Did Delhi LG Authorise Felling of Trees Contrary to Directives?
Over 1,100 Trees were Felled to Widen a Road in South Delhi
Newsreel Asia Insight #262
June 25, 2024
The Supreme Court has called for clarification from the Delhi Development Authority (DDA) on whether its chairperson, Lieutenant Governor (LG) Vinai Saxena, directed the felling of about 1,100 trees in Delhi’s ridge forest area for a road widening project, a move potentially contravening the court’s standing orders in the case Bindu Kapurea v. Subhasish Panda.
During a special bench session on June 24, Justices Abhay S. Oka and Ujjal Bhuyan expressed concern over documents presented in court that indicated the LG’s involvement. “What is this? This is such a brazen act. Two documents placed on record clearly say that it was LG,” the court remarked, as reported by Bar and Bench.
The Delhi Preservation of Trees Act prohibits tree felling without Supreme Court permission.
The justices further stated, “We want to know who exactly committed the breach of our order. If nobody responds, we would be inclined to say LG issued directions.” The court also noted the absence of complete records on the tree felling and stressed the need for a detailed investigation, particularly after issuing notices to the DDA officers involved.
Furthermore, a DDA-constituted committee’s report revealed an email record of a site visit by the LG on Feb. 3, 2024, subsequent to which the LG allegedly issued the felling instructions. However, the committee’s examination did not delve into the email contents and instead placed the blame squarely on three DDA officers. This led the court to issue contempt notices to Executive Engineer Manoj Kumar Yadav; Assistant Engineers Pawan Kumar and Ayush Saraswat; and Sub Engineer Pankaj Verma to facilitate a thorough inquiry.
Additionally, the court criticised the appointment of judicial officers as legal advisors to DDA, citing it as a breach of the principle of separation of powers and the independence of the judiciary. “It is clear that the DDA is the major litigant before the Delhi High Court and some of the serving officers are serving as legal advisors to it. We immediately direct our registry to place this order before the Registrar General of Delhi High Court who will then place it before Acting Chief justice to take further action on this. We cannot allow this kind of grave violation,” the court declared.
The court had previously denied the DDA’s application to cut trees for the road widening project, which allegedly began covertly in February of this year. The project aimed to connect Chhatarpur with South Asian University, with the court subsequently ordering the planting of 100 new trees for each one felled, according to NDTV.
Often referred to as the “green lungs” of Delhi, the Ridge helps improve the air quality of the city. It acts as a natural air purifier, absorbing pollutants and producing oxygen, which is vital in a city grappling with high levels of air pollution. The dense vegetation also helps moderate the city’s temperature, providing a cooling effect which is increasingly important as urban areas deal with the heat island effect. This natural climate control is crucial during the hot summer months.
Further, the Ridge plays a significant role in groundwater recharge. Its terrain and vegetation help in the percolation of rainwater into the ground, replenishing groundwater reserves which are a critical water source for the city.
The Ridge is also home to a rich variety of flora and fauna, acting as a biodiversity hotspot within the urban environment. It supports numerous species of plants and animals, some of which are rare and endangered.
