Delhi High Court Orders Plantation Of At least 10,000 Trees To Utilise Money Recovered From Defaulting Litigants

The Delhi High Court has issued an order for plantation of at least 10,000 trees to utilise over Rs 80 lakh that were deposited in the court as costs imposed on the defaulting parties in different cases including contempt and writ petitions.

“These monies are to be utilized for larger public good. Plantation of trees is one such exercise which the court would consider because trees, for as long as they are alive, be it for decades or for centuries, would incessantly and silently provide multiple benefits to the city; provided however, that people and the land- owning agencies do not interfere in or hinder their growth,”said Justice Najmi Waziri.

Stating that the benefit that trees would provide to generations of residents of Delhi, by way of fresh oxygen would be immeasurable, the court said that “they would also serve as carbon sump, to absorb in some measure, the atmospheric pollution which plagues the city all year round.”

The court had earlier directed that over Rs 70 lakh be transferred into the bank account of the Deputy Conservator of Forests, GNCTD maintained at UCO Bank, Delhi High Court Branch, New Delhi.

It directed that the money be utilized by the DCF, with the assistance of PWD, GNCTD to plant trees in such areas as may be identified by the appointed Court Commissioners —  Shadan Farasat, ASC; Avishkar Singhvi, ASC GNCTD; Tushar Sannu, Standing Counsel, NDMC; Advocates Aditya N. Prasad and Atul Bhuchar.

“The local police shall assist the DCF as well as the Court Commissioners in the plantation exercise,” said the court.

The court suggested considering a variety of trees including Jamun, Amaltas, Kadamb for plantation along PWD/MCD roads. The sites for plantation, preferably public roads, shall be identified by the learned Court Commissioners and DCF too shall assist in this regard, said the court.

 Justice Waziri said each tree shall have a minimum of three-years’ nursery-age and a minimum trunk height of 10 feet and “from the Rs.70 lakh at least 10,000/- trees shall be planted.” 

"A compliance affidavit, along with photographs showing the plantation sites before and after plantation, duly protected by tree-guards/fences, shall be filed both by the DCF concerned and the Court Commissioners. Community participation, to the extent plausible, in the plantation and maintenance of the trees shall be encouraged," the court said.

Listing the matter for further proceedings on July 07, the court said: "Status Reports with photographs, be filed by the Tree Officer/DCF every six months. In case of default the case be listed for directions. However, for perusal of the first status report, list on 07.07.2023."

Case Title: New India Assurance Co Ltd. v. Himanshu Sharma &Ors.

Citation: 2023 LiveLaw (Del) 527

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