Supreme Court Asks Delhi LG To File Personal Affidavit On Illegal Tree Felling In Ridge Forest, Seeks Action Against Erring Officials

The Supreme Court on Wednesday (October 16) directed the Chairperson of the Delhi Development Authority, who happens to be the Lieutenant Governor of Delhi V K Saxena, to file a personal affidavit making a "full disclosure" on various aspects relating to the illegal felling of the trees in the Delhi's ridge forest in February 2024.

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra passed the order in the contempt case initiated by the Court against the Vice Chairman of the DDA, Subhasish Panda, over the felling of about 1100 trees purportedly for the widening of the road to CAPFIMS hospital.

The Court also said that it expected the Delhi LG to take steps to fix accountability on the part of erring officials, be it in the form of disciplinary proceedings or criminal prosecution, by the next date of hearing (October 22), without waiting for any directions of the Court.

What the LG has been asked to answer on affidavit?

The Court noted that it transpired from the materials that the Chairperson had visited the site on February 3, 2024 and directed the expedition of the road widening process. However, noting that the material on record was a little "ambiguous", the Court said that it needed certain factual clarifications and asked the LG to explain :

1. Whether during the course of the site visit on February 3, 2024, there was any discussion with or intimation furnished to the DDA Chairperson on the permission required to be obtained from this Court for the felling or removal of trees.

2. In the event of the answer to the (1) being positive, what steps, if any, were taken to ensure that the permission of this Court would be obtained before the actual felling of trees took place?

3. In the event of the answer to (1) being negative, when was the DDA Chairperson first made aware of the fact that permission was required from this Court for the felling of trees?

4. The actual act of felling trees commenced on or about February 16, 2024, even before an application was moved before this Court and which was eventually dismissed by order dated 4 March 2024. What steps, if any, have been taken for the remediation and restoration of the ecological damage which has been caused by the felling of trees despite the admitted absence of any permission from this Court? 

5. What steps have been taken to identify the officers responsible for the wilful act of suppression from this Court in the application filed for permission the fact that the felling of trees had already taken place even before the application was filed?

6. Whether any disciplinary proceedings have been instituted against the officials responsible.

7. Whether in the view of the DDA Chairperson criminal action should be taken against all officials responsible for the breach of the binding directions of this Court.

"In the event, the DDA Chairperson is of the view that disciplinary action and initiation of criminal prosecution should be taken up, we would expect such action to be taken in the interregnum without waiting for the directions of this Court," the Court observed in the order.

The affidavit shall be personally filed by the Chairperson of the DDA making a full disclosure, both on the basis of the material on record and of facts which are personal to the knowledge of the Chairperson, bearing in mind what transpired at the site visit, the Court orderd.

The affidavit shall also specifically explain the manner in which the timber of the trees which were felled have been dealt with and indicate whether the timber has been inventoried. The Chairperson shall take steps to affix accountability in respect of any act of omission or commission by the officials or any third parties involved.

The matter will be heard next on October 22.

After the order was dictated, CJI orally told Senior Advocate Maninder Singh (appearing for DDA Vice Chairman), " Mr Maninder Singh, we want the Chairperson to deal with authority and ensure action is taken on ground."

Hearing

During the hearing, Senior Advocate Gopal Sankaranarayan, appearing for the contempt petitioners Bindu Kapurea, gave the bench a brief background of the matter and the summary of the various orders passed by the previous bench led by Justice Oka. He submitted that there have been various attempts to cover up the truth and there were circumstances indicating that the Delhi LG himself instructed the cutting down of the trees.

Sankaranarayanan submitted that there is no clarity even now, all the way up to the LG, as to : (1) Was there any discussion on the permission that has to be sought for the purpose of removing those trees?, (2)After getting information about the need for permission, what remedial steps were taken and what action has been taken against the officers?

"It cannot be that only after a citizen files a contempt petition that you suddenly take action feeling the heat," Sankaranarayanan submitted.

Senior Advocate Mahesh Jethmalani, appearing for the Delhi LG, submitted that he had indeed visited the site on February 3, 2024, but no direction to cut the trees was given. "He was actually going to the campus but he stopped at the site of road widening and looked there....I have no role to play in this," Jethmalani said adding that the permissions were granted by the Forest Ministry.

"All he said was - expedite the construction process," Jethmalani said. He added that LG was only a "signing authority" and no officer was obliged to listen to him.

During the hearing, CJI asked about the timber as well. "Where is the timber gone, 1100 trees have been felled. When was the timber removed?" CJI asked.

"I don't monitor the timber, the DDA knows," Jethmalani said.

Background