CJI Shifts DDA Tree Felling Contempt Case To His Bench From Justice Oka's Bench

The contempt case in the Supreme Court against the Delhi Development Authority (DDA) over tree felling will now be heard by a bench led by the Chief Justice of India instead of the bench led by Justice Abhay S Oka.

The case is listed tomorrow before a bench comprising CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra.

The matter was heard on several days in June-July by a bench comprising Justices Abhay S Oka and Ujjal Bhuyan, during which the DDA and its Vice Chairman had to face several tough questions from the bench. During the hearings, the bench had observed that the materials indicated the role of Delhi Lieutenant Governor V K Saxena, who happens to be Chairman of the DDA, in ordering the tree felling in Delhi's ridge forest. The bench also minced no words in pulling up the DDA for "cover-ups". At the last hearing on July 12, the bench had warned that it would issue contempt notice to the LG and posted the matter for further hearing on July 31.

Meanwhile, on July 24, another bench led by Justice BR Gavai, took objection to Justice Oka's bench taking up the contempt petition. Justice Gavai observed that his bench had issued notice to the DDA on a contempt petition (filed by another petitioner) with respect to the same tree felling much before Justice Oka's bench initiated the proceedings. The bench led by Justice Gavai, noticing the parallel proceedings, referred the matter to the Chief Justice of India and opined that all matters pertaining to the Delhi ridge forest be dealt with by one single bench.

After this order of Justice Gavai's bench, the matter was not listed before Justice Oka's bench on the scheduled date of July 31.

The felling of trees was done for the road widening project from Main Chhattarpur Road to SAARC Chowk, Gaushala Road Row and from SAARC Chowk to CAPFIMS (Hospital) Row.

Following the directions issued by Justice Oka's bench on July 12,  Chief Secretary of the Government of the National Capital Territory of Delhi, Naresh Kumar, filed an affidavit stating that LG VK Saxena was not made aware of the necessity to obtain the court's permission for felling trees in the southern Ridge. 

During the hearings before Justice Oka, the petitioner in the contempt case complained of harassment by the Delhi police, following which the Court made a stern observation that no authority should harass the petitioner.

Case Details: Bindu Kapurea v. Subhasish Panda Dairy No. 21171-2024, In Re Subhasish Panda Vice Chairman DDA SMC(Crl) No. 2/2024