Machinery Needed To Verify If Tree Fellings In Delhi Are In Compliance With Court Orders : Supreme Court

The Supreme Court on Friday (July 19) stressed the need to set up a machinery to verify compliance with the orders passed by it regarding the felling of trees.

The matter was before a bench of Justices Abhay S Oka and AG Masih, which expressed that there was a need to verify whether or not the conditions being imposed by the court, while permitting tree-felling, were being complied with, else the courts will have no control over the issue.

"This Court has passed orders permitting felling of trees from time to time. We are of the view that it is necessary to create a machinery which will verify whether the work of felling trees is actually carried out in terms of directions issued by this Court and whether other conditions such as compensatory afforestation, etc. are being complied with," dictated Justice Oka.

It is worthwhile to mention that in January this year, while hearing a public interest litigation with respect to the environmental issues in the Taj Trapezium Zone, another bench led by Justice Oka had sternly remarked that it won't allow trees to be cut so easily. "As Article 51A mandates that it is duty of every citizen to save trees, we also reiterate that it is also the responsibility of the State to ensure that maximum number of trees are protected", it had said.

A few months down the line, in May, the same bench came down heavily on the Delhi Development Authority over rampant felling of trees in Delhi's Ridge Forest area in violation of the orders in the present case. It even issued a criminal contempt notice to the DDA Vice Chairman, noting that the tree-felling and destruction continued for 10 days.

After perusing a report of the Enquiry Committee (constituted by the DDA) to enquire into the whole episode, the bench noted that certain email communications referred to a site visit made by the Delhi Lieutenant Governor on February 3, 2024.

Lately, on July 12, the Court remarked that a "cover up" was going on at the instance of the DDA regarding the role played by the Delhi LG VK Saxena in directing the illegal felling of trees in Delhi Ridge Forest Area. It also warned that it will consider issuing a contempt notice to the LG.

Case Title: M.C.MEHTA Versus UNION OF INDIA AND ORS., W.P.(C) No. 4677/1985