High Court Seeks Delhi Govt’s Status Report On Formulating SOP For Proceedings Relating To Tree Offences
The Delhi High Court has directed the Delhi government to file an affidavit detailing the progress made in formulating the Standard Operating Procedure (SOP) in respect of proceedings related to offences of damage of trees or violation of any other provision of Delhi Preservation of Trees (DPT) Act, 1994The court was hearing a writ petition filed by senior lawyer Rajiv Dutta seeking...
The Delhi High Court has directed the Delhi government to file an affidavit detailing the progress made in formulating the Standard Operating Procedure (SOP) in respect of proceedings related to offences of damage of trees or violation of any other provision of Delhi Preservation of Trees (DPT) Act, 1994
The court was hearing a writ petition filed by senior lawyer Rajiv Dutta seeking directions for laying down an SOP for conducting hearings, proceedings, and investigations related to offences under the DPT Act by the concerned officers.
“Admittedly, apart from a policy issued under section 33 of the Delhi Preservation of Trees Act, 1994 (‘DPT’) apropos transplantation of the trees, there are no directions or guidelines regarding how a Tree Officer would deal to the complaints apropos conduct of hearing,” Justice Najmi Waziri said.
The court said that all proceedings relating to statutory rights, liabilities and obligations would be expected to be conducted in a procedure that is ex-facie fair and transparent.
It further observed that, based on the present case and other cases referred to by the petitioner's counsel, Aditya N. Prasad, it is common for complainants who report damage or felling of a tree to not be informed about the progress or outcome of any related proceedings initiated as a result of the complaint.
"There can be no dispute that a complainant would be required to be heard apropos complaint made or otherwise be kept informed throughout the proceedings," said the court.
After perusing the counter affidavit filed by the government on February 20, which stated that the SOP would be issued within one month after seeking GNCTD's approval, the court noted that the one month period has now passed.
"Let an affidavit be filed apropos the progress having been made in this regard before the next date," said the court.
Moreover, the petitioner's counsel informed the court that a mature tree had been fatally damaged and felled by a vehicle, and there was no evidence to suggest that the offender had been notified or had applied to compound the offence under the DPT Act. Although an order to compound the offence had been issued, there was no record of the penalty amount of Rs. 60,000 being deposited, he said. It was argued that this demonstrated “serious dereliction of duty”on the part of the Tree Officer.
The petitioner also presented photographs to illustrate that the tree planted in compensation for the felled tree was barely surviving.
Appearing for the Tree officer, advocate Avishkar Singhvi submitted that an affidavit on this issue will be filed in two weeks and “remedial measures” shall be taken in consultation with the land-owning agency, MCD.
“Let it be so done with prior approval of Principal Secretary (Environment and Forests), GNCTD,” the court said.
Background
The petition was filed by Senior Advocate Rajiv Dutta, who owns a property in South Extension-I and had planted a neem tree in 2013 with the assistance of the horticulture department of the erstwhile South MCD. The tree was planted on public land at the point where the boundary wall of his property met the boundary wall of the adjacent property.
On June 6, 2022, according to the plea filed by the petitioner, he was informed by one of his neighbors that a vehicle carrying construction and demolition waste from a nearby construction site had allegedly felled the tree. The plea alleges that the vehicle had approached the tree too closely, causing a major branch to be pulled and the trunk to be severed completely from the ground.
As per the petition, upon reaching the site, the petitioner discovered that the felled tree had been cut into pieces and removed by unknown persons. On the same day, he lodged a complaint with the Tree Officer (South), providing the location details. Later, he was informed that an inspection had been conducted and a notice would be sent.
As per the plea, the petitioner expected that necessary action would be taken under the Delhi Preservation of Trees Act and awaited details of further proceedings. However, despite making multiple inquiries, he did not receive any response.
Therefore, a writ petition was filed before the High Court, praying to direct the government to give appropriate directions to the Tree Officers under Section 33 of the Delhi Preservation of Trees Act, 1994, and lay down standard operating procedures regarding the procedure for conducting hearings/proceedings/investigation by the concerned officers for the offences or violations under the Delhi Preservation of Trees Act, 1994.
The matter will now be taken up on April 11.
Case Title-Rajiv Dutta v. GNCTD & Ors.
Counsel for Petitioner-Mr. Aditya N. Prasad
Counsel for Respondents- Mr. Avishkar Singhvi, ASC with Mr. Naved Ahmed, Mr. Vivek Kumar and Ms. Nikita Mishra