Trees Only Hope Of Environmental Redemption In Commercialized Cities, Must Not Be Cut Needlessly: Delhi High Court
The Delhi High Court has observed that trees hold out as welcome and assuring living entities of hope, sanity, environmental redemption and even companionship and that they must not be allowed to be cut needlessly or wantonly. Justice Najmi Waziri observed thus:"In this capital city with its ever-bourgeoning populating, the cacophony of voices and rampant commercialization of every other...
The Delhi High Court has observed that trees hold out as welcome and assuring living entities of hope, sanity, environmental redemption and even companionship and that they must not be allowed to be cut needlessly or wantonly.
Justice Najmi Waziri observed thus:
"In this capital city with its ever-bourgeoning populating, the cacophony of voices and rampant commercialization of every other street – robbing the residents of the familiar ambience of their residential neighbourhood, the ever-increasing motor-vehicular traffic, the choking air-pollution and the ever-creeping concretization, trees hold out as welcome and assuring living entities of hope, sanity, environmental redemption and even companionship."
Further noting that it will be logical and prudent to transplant fully grown trees instead of cutting them down, the Court directed the department of Deputy Conservator of Forests (DCF) of the Delhi Government to file an affidavit detailing the following aspects:
i) the number of permitted trees to be cut down in the last three years, month-wise and zone-wise;
ii) how many trees were transplanted, if any,
iii) how many compensatory afforestation have been completed and the status of each compensatory afforestation with photographs.
The development came after Advocate Aditya N Prasad appearing for the petitioner in a contempt case apprised the Court that a tree is cut down every hour in Delhi under official sanction.
"This is a worrying issue because on the one side endeavour is said to be underway to maintain and augment the green cover of Delhi while simultaneously fully grown trees are allowed to be cut down. This self-defeating exercise by the Forest Department, GNCTD needs to be arrested at the earliest," the Court said.
Looking at the nature of the matter, the Court also appointed Senior Advocate N. Hariharan as Amicus Curiae.
Prasad also brought the attention of the Court to an affidavit filed by the Engineer-in-Chief of the Public Works Department dated May 17, 2013 before the National Green Tribunal wherein it was undertaken that the 46 roads will be promptly re-visited and the 3,279 trees noted will be de-concretized.
"Let an affidavit be filed by Engineer-in-Chief, PWD showing that the said 84 trees on Vikas Marg (Road No. 75A & 75B) have been de-concretised. The entire stretch of road shall be video graphed and a copy of the same shall be filed along with the compliance affidavit within two weeks," the Court directed.
At the outset, the Court also took note of the previous order which showed that the Tree Officer had permitted a fully grown tree aged 25-30 years to be cut down.
Noting that the Tree Officer chose not to see the reason in retaining the fully-grown tree, which had been a part of the neighbourhood for decades and added to the ambience and the environment while permitting the cutting down of the tree, the Court observed:
"The Tree Officer will explain whether he inspected the site and assessed the tree before granting permission to cut it. It has to be borne in mind that permission is sought under the Delhi Tree Preservation Act, in which "preservation" of trees is the primary objective."
"The Tree Officer is repository of public faith and trust, that trees which form an essential part of people's lives are not allowed to be cut needlessly or wantonly. The statutory duty cast upon the Tree Officer necessarily requires assessment of the necessity to cut a tree for the project for which the permission is sought. A site visit would be prudent. The shortage of Tree-Officers, necessary support staff, cannot be an excuse for granting permission for cutting down trees in the city."
The Court also said that it will take decades for the compensatory forests to be of any reckonable benefit.
"Compensatory afforestation if at all carried out, on the fringes of the city, far-removed from the congested areas of human habitation, where the sole decades-old-tree once stood as a carbon-sump-cum-fresh oxygen generator-cum-shade provider-cum- visual respite from the ever increasing concretization; the geographically distant and nascent compensatory plantation can hardly be of any respite or actual compensation," the Court said.
Expressing it's concern on the issue, the Court also added that the responsibility of protecting and nurturing the solitary tree is far greater upon the Tree Officer and the authorities concerned.
Thus, the Court said that the Tree Officers must give due consideration to transplantation of each tree which is sought to be cut, before granting any further permission for cutting of trees.
"This would entail inspection of the trees which are sought. The reason for grant or denial of permission would have to be spelt out in the order of the Tree Officer along with photographs of each tree," the Court added.
While posting the matter for further hearing on May 5, the Court directed the Tree Officer concerned to remain present in court.
Case Title: NEERAJ SHARMA v. VINAY SHEEL SAXENA & ORS.
Citation: 2022 LiveLaw (Del) 403