‘You Want People To Live In Gas Chambers?’: Delhi High Court Raps Forest Department Over Felling Of Trees

The Delhi High Court on Friday rapped the Delhi Government’s forest department for permitting felling of trees in the national capital, highlighting the recent issue of increasing level of air quality index.

“You [forest department] want people to live in gas chambers? You are responsible for the mess that the citizens of Delhi are in today due to [air] pollution,” Justice Jasmeet Singh orally remarked.

The court was hearing a petition filed by Bhavreen Kandhari seeking contempt action against the officials for not following court directions passed in April last year requiring the Tree Officers to spell out reasons for permitting the felling of trees in Delhi. The plea relates to the issue of preservation of trees in the national capital.

“There are machines that record the air quality…the maximum that it can record is 999. Today, we are touching that,” the judge said, while adding that sensitivity amongst the forest officials is lacking.

Advocate Aditya N Prasad appearing for Kandhari told court that despite court’s direction, the forest officials were passing non-reasoned orders allowing felling of trees in Delhi.

Expressing displeasure, Justice Singh remarked that while the court is not coming in the way of development, however, it must co-exist with nature and heritage.

“If there is a traffic jam, you will have to widen the roads. But it cannot be that you cut 50 trees around it. If there is no other way, then only you should go ahead no. Trees cannot be removed. You have to find a way. How can colonies be treeless?,” Justice Singh added.

The matter will now be heard on November 08.

In September, the court had passed an order saying that no permission shall be granted to anyone by the city authorities for felling of trees for construction of houses in the national capital.

Earlier, the Delhi Government had told court that no permission will be granted to any individual for felling of trees and that any permission required for important projects will be intimated to court.

In November last year, Retired Justice Najmi Waziri directed Delhi’s Principal Chief Conservator of Forests to ensure that the orders permitting the tree felling, under Delhi Preservation Of Trees Act, 1994, are uploaded within a period of 48 hours on the official website.

Case Title: BHAVREEN KANDHARI v. SHRI C. D. SINGH AND ORS.