Three Trees Cut Every Hour In Last 3 Yrs In Delhi: High Court Seeks Response From Forest Dept

The Delhi High Court on Monday sought response from the forest department after it was informed that three trees were cut every hour in the city, in the last three years; the figure excluding illegally felled trees.

Justice Najmi Waziri, while hearing a contempt case concerning the preservation of trees in the national capital, came down heavily upon the authorities for not showing urgency in transplantation of trees in the city, as per the Court's earlier orders. 

The court, in previous hearings of the matter had shown concern over the removal of fully grown trees from the city, stating that it would be reasonable and wise to transplant such trees rather than removing them. The court had emphasised upon the value of every single tree in a neighbourhood and stated that compensatory afforestation, which is a "geographically distant and nascent compensatory plantation, can hardly be of any respite or actual compensation."

On Monday, the counsel for petitioner provided the court with statistics computed as per an affidavit filed by the Forest Department of the Delhi government, proving that between 2019-21, around 77420 trees were permitted to be cut down by the Delhi authorities. The petitioner also highlighted that these were only based upon trees that were legally permitted to be cut off. Thus, if the instances of illegal tree felling, trees cut down for forest clearance, unnoticed felling of trees, and those lost to the storm, which were not accounted for in the affidavit, were considered, the figures may be twice or four times the current number.

The court while recording the same stated that–

"Mr Prasad, the learned counsel for the petitioner has brought the court's attention to a computation, according to which, in the years 2019, 2020, 2021, 77420 trees were permitted to be cut down. This comes to about three trees per hour in the past three years. These figures are only for trees which were allowed to be felled under Section 9, 29 of Delhi Trees Preservation Act...Let the Forest Department file an affidavit on the missing data as well as its response to the figure of three trees being lost every hour."

The court, while noting that this was an urgent matter "concerning citizens' breath" stated that it would hear the issue of contempt on the next date i.e. July 13, 2022 on merits and subsequently pass the order.

In a connected matter, the court chided the authorities for carrying out civil construction work despite a restraining order being passed by the tree officer barring them to do so. The court also reprimanded police officers for not carrying out its duty of dissuading the construction work and instead allowing the PWD to complete a storm water drain project in the area. The court held that the action of the police officers were in contravention of Section 22 of the Delhi Preservation of Trees Act, 1994.

The provisions states that every Police Constables or any officer superior to him is duty bound to immediately inform the Tree Officer or the Deputy Conservator of Forests in case of contravention of Section 8 of the Act by any person.

The applicant in this matter stated that the police was informed of the continued restraining order issued by the tree officer and yet it allowed the PWD to breach it. As per the petitioner, the IO refused to accept his complaint and wilfully did not assist the tree officer and sided with the PWD officers who were in contravention to the order.

"This city is neither beholden to you, nor your victim. This has to change...implementation must be seen on ground," the bench orally remarked.

The court ordered the Deputy Commissioner of Police, Delhi to look into this matter and find appropriate solution. The court also called for the sensitisation of police officers. The court stated that appropriate orders shall be passed in this matter on the next date, that is, 14th July 2022. 

CASE TITLE: NEERAJ SHARMA v. VINAY SHEEL SAXENA & ORS. and NEW DELHI NATURE SOCIETY v. SHRI VINAY SHEEL SAXENA & ORS.