High Court Appoints Delhi Chief Secretary As Nodal Authority To Draft Procedure For Preventing Tree Felling In DU North Campus

The Delhi High Court has appointed Delhi Government's Chief Secretary as the nodal authority to draft the procedure for preventing felling or transplantation of trees in the North Campus, Delhi University for its expansion or development of infrastructure.

Justice Jasmeet Singh asked the Chief Secretary to would call all the stakeholders, including the Delhi Urban Art Commission (DUAC), Amici Curiae (Advocates Aditya N. Prasad, Gautam Narayan and Prabhsahay Kaur), the municipal authorities and any other agency necessary in his opinion.

“It has been felt that the University of Delhi may explore the possibility of expanding the existing facilities either vertically or underground rather than expanding horizontally, as horizontal expansion would involve felling/transplantation of a number of trees,” the court said.

Justice Singh further requested the Chief Secretary to ensure early action, observing that court is conscious of the need of the varsity for expansion.

Furthermore, the court also directed the Director of Institute of Secretariat Training and Management (ISTM), Old JNU Campus, to maintain status quo with regard to felling of trees at the institution.

Justice Singh observed that the role of the DCF is not merely restricted to granting of permissions for felling of trees but also to see that the permission, so granted, is implemented in its right spirit and intent.

“The DCF is required to follow up and see whether the permissions granted, subject to compensatory plantation and transplantation, have been complied with by the authorities to whom those permissions have been granted. In the present case, the same seems to be wholly amiss,” the court said.

It directed the concerned DCF to bring on record all the permissions or notifications granted to various projects for felling of trees after August 31 last year.

The court was dealing with a contempt plea arguing that the officials failed to follow the directions issued by court requiring the Tree Officers to spell out reasons for permitting the felling of trees.

The contempt plea was filed in connection with the orders passed by the court in a matter concerning preservation of trees in the national capital.

Last year, 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.

Later, the court had 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.

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

Citation: 2024 LiveLaw (Del) 642

Click here to read order