SC asks LG to file personal affidavit on Delhi ridge tree-felling

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud said the court wanted to get its information from the highest authority in the DDA

The Supreme Court on Wednesday (October 16, 2024) directed the Lieutenant Governor (LG) of Delhi, V.K. Saxena, who is also Chairperson of the Delhi Development Authority (DDA), to file a personal affidavit on the circumstances leading to the illegal felling of over 1,000 valuable trees by the statutory body in the protected ridge area as part of a road-widening project.

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud said the court wanted to get its information from the highest authority in the DDA. It said Mr. Saxena must take personal responsibility while framing the contents of his affidavit.

The court was addressing allegations that Mr. Saxena visited the road project site in the southern ridge area on February 3 and had directed the widening work to be expedited. The actual felling of the trees had commenced on February 16.

The chopping of trees in the non-forest areas of the national capital required permission variously from the Tree Officer under the Delhi Preservation of Trees Act, 1994. For felling trees in forest area in Delhi, prior permission had to be mandatorily obtained from the Supreme Court as well as the Centre under the Forest Conservation Act.

Also Read: What are the laws preventing tree felling in Delhi? | Explained

The court recorded in the order that the trees in question had been actually felled even before DDA moved the top court for permission. The top court had refused permission for cutting the trees on March 4.

The court pointed out that there was no sign of the timber. The records did not show if the logs were inventoried. Their location was also unknown.

An area of 3.6 hectares of forest land was required for the construction of the approach road to Central Armed Police Forces Institute of Medical Sciences (CAPFIMS) and other establishments located in the south forest division.

On knowing the actual facts of the case about the felling of trees without permission, the top court had initiated contempt action against the DDA in April 2024. The court had also ordered status quo. Subsequently, the separate cases concerning the tree-felling, which were till then heard by two different Benches of the top court, was clubbed and listed before the three-judge Bench headed by the Chief Justice.

Also Read

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• Encroachments, land diversions threaten Delhi Ridge, the capital’s green lungs

• SC calls cutting of trees in protected ridge by DDA a ‘brazen act’

In its order, the Chief Justice’s Bench said the material on record was still “ambiguous about certain critical aspects” and called for further elaboration, this time from the DDA Chairperson himself.

The court order raised a series of questions for the LG to respond to on the basis of the material on record and drawn from his “personal knowledge”.

The Bench asked the LG whether he was told by any DDA officials at the time of his February 3 visit that the prior permission of the Supreme Court was required before felling the trees.

“If so, what steps were taken to ensure that the permission of the Supreme Court would be obtained?” the court asked the LG.

If the LG was not made aware of the required permission from the top court on February 3, when was he eventually told about it.

The court asked the LG to elaborate on steps taken to identify the officials responsible for the illegal felling of the trees and willful suppression of the fact from the Supreme Court while applying for permission.

The court asked the LG to respond to whether disciplinary action has been initiated against the errant officials.

“Whether in the view of the LG, criminal action should be taken against the officials responsible for the breach?” the court asked Mr. Saxena.

The court also asked the LG to disclose how the timber was “dealt with”; was it inventoried; and what steps were taken to fix accountability on any “acts of omission or commission of DDA officials or third parties.

The CJI made it clear that the court expected the LG to initiate disciplinary action, criminal prosecution and fix accountability on all those who are involved in the felling of the trees by October 22, the next date of court hearing.

“We want you to take action before we take action,” the CJI told the LG’s counsel.

Published - October 16, 2024 09:58 pm IST