Supreme Court Issues Notice In Plea Challenging NGT Order Refusing To Stop Illegal Felling Of 500 Trees Around Naharpur Village

The Supreme Court has recently issued notice in an appeal filed by the Naharpur Residents Welfare Association challenging the order passed by the Principal Bench, National Green Tribunal whereby it has refused to stop the illegal felling/ cutting of about 500 trees in the green belt surrounding village – Naharpur thereby which act as the lungs of 25,000 residents.

A Bench of Justices Ajay Rastogi and Abhay S Oka issued notice in the matter, returnable within four weeks.

The Impugned Order dated July 23, 2021 passed by NGT is alleged to be cryptic, non-speaking and misplaced and is thus liable to be set aside on this ground alone, the appellants have submitted.

"The entire genesis of the impugned order dated 23.07.2021 is based upon factually incorrect and erroneous assumptions that the Appellant had filed the captioned OA No.175/2021 against order dated 05.07.2021 passed by the Tree Officer, allowing cutting of four trees from private property at Rohini. Whereas, per contra, the correct fact of the matter is that the humble Appellant had preferred the captioned OA No.175/2021 before Hon'ble Tribunal with the primary prayer to direct the Respondents to forthwith stop the illegal cutting/ felling of all the trees situated in the green belt surrounding village – Naharpur, Sector - 7, Rohini, Delhi", states the plea.

The RWA has relied on photographs which categorically reveal that a large number of trees in the green belt surrounding the village have already been felled/ destroyed in an illegal manner by miscreants.

Furthermore, the appellants state that no action has been taken with regard to the Representation dated March 17, 2021 submitted to the Forest Department in this regard.

Brief Background of the Case:

In 2013, the Delhi Development Authority sought permission from the state government to cut the then existing 287 trees (which has now increased to about 500 trees presently) around the village – Naharpur.  The Appellant Association, had then requested the government to direct the DDA to not cut the said trees. 

Instead of taking steps to preserve the aforesaid 500 Trees, DDA in March 2019 issued a notice for e-auction of about 115 residential properties/ plots in the said green belt on 'as is where is basis', knowing very well that the owners of the auctioned residential properties/ plots would  cut these trees and destroy the said green belt, submits the plea.

The Appellant had then submitted various representations to the Respondent authorities, requesting them to ensure that no tree is cut after the e-auction but they did not send any response. 

The Society then approached the National Green Tribunal praying for a direction to ensure that there is no felling of trees around the village. The application was disposed in May 2019, with a direction to the Appellant to approach the Forest Department, Delhi Government, for appropriate action in accordance with law.

The Forest Department then started issuing permissions orders to the plot owners of the said area allowing them to cut the trees from the green belt.

Another application was preferred by the Appellant this year before the NGT seeking an urgent direction to forthwith stop the illegal felling of trees which the NGT erroneously presumed to be preferred for the protection of 4 trees alone.

It was further held by NGT that the present application was just a repeat of the previous one. Per contra, the appellants have submitted that was quite axiomatic from the perusal of the earlier order that it was based upon an "apprehension" of felling of trees and it was not filed after "actual" felling of trees. 

The residents of Naharpur village had filed a Civil Writ Petition before the High Court of Delhi at New Delhi, wherein a specific direction was issued to reserve open space for parks of size not less than 1200 meters, besides granting other facilities for the village Naharpur in 1993. Since the Delhi Development Authority did not implement the aforesaid directions, the Appellants herein filed another plea which is presently pending adjudication of the Delhi High Court.

Case before the Court:

Filed by Advocate Alakh Alok Srivastava, the appeal submits that the impugned order passed by the NGT is patently erroneous and the urgent kind indulgence of the Court is very much warranted in the instant case.

Furthermore, it is the RWA's case that the cause of action in the two applications filed before NGT was altogether different from each other and thus the conclusion drawn by the it in this regard, is absolutely erroneous and utterly misplaced.

NGT is said to have committed a grave legal error while concluding that no specific case of violation was pointed out by the Appellants, as a bare perusal of the photographs and other annexures categorically revealed that the Appellant was very much able to point out specific cases of felling of trees in the green belt.

It is further alleged that the decision to indiscriminately fell about 500 trees has been taken without taking into account the possible adverse effect on the ecology and without conducting any environment impact assessment report for the said area. 

"...the instant case involves important and substantial questions of law i.e.- "Whether large scale of felling of trees can be permitted without conducting environment impact assessment and without ascertaining its impact on ecology?"

A violation of the provisions contained in Schedule – I of the NGT Act, 2010;The Forest (Conservation) Act, 1980; The Air (Prevention and Control of Pollution) Act, 1981 and The Environment (Protection) Act, 1986 has also been alleged on part of the respondent authorities.

The Naharpur RWA has also submitted that in ignoring the present case is, the NGT has patently erred since the case is a 'recurring cause of action'.

Also, the decision of the Respondent Authorities is stated to be arbitrary, whimsical and passed without any application of mind. The decision is said to be taken without considering factors, such as existing population density and the impact of cutting 500 trees on the ambient air quality in the area

This will completely destroy the said green belt causing severe and irreparable damages to the 'Right to Life' and 'Right to Health' of about 25 Thousand residents of the said village Naharpur, as enshrined under Article 21 of Constitution of India.

That such large-scale felling of trees must also be stopped considering the prevailing COVID-19 pandemic which has severally grappled the entire world and which has caused lakhs of deaths due to deficiency/ non-availability of oxygen.

Prayer:

1. The impugned order  passed by NGT be set aside
2. Urgent appropriate directions be issued to the Respondents to forthwith stop the cutting of trees in the green belt and take stringent action against the miscreants who have illegally cut a large number of such trees in the said area;
3. Issue urgent appropriate directions to the Respondents to conduct comprehensive environment impact assessment to ascertain the impact of such large scale felling of trees in the area surrounding village – Naharpur and submit its Report in a time bound manner for further directions from the Court;
4. Restrain the government from issuing any permission order in future to cut any tree from the said green belt, till the adjudication of the instant Civil Appeal 

Cause title: Naharpur Residents Welfare Association (Regd.) v. Deputy Conservator of Forests and Tree Officer (West) & Ors.

Click here to Download the Order.