'Lack Of Due Care': Delhi High Court Issues Contempt Notice To MCD, DCF Over Failure To De-Concretize Trees
Nupur Thapliyal
18 Sep 2024 5:12 AM GMT
The Delhi High Court has issued a contempt notice to the Municipal Corporation of Delhi (MCD) and DCF (Deputy Conservator of Forests), North-West district over failure to take steps to de-concretize trees in the national capital despite judicial orders being passed more than two years ago.
Justice Jasmeet Singh said that prima facie, the court was satisfied that the MCD as well as the DCF were guilty of contempt of the judicial directions and should be punished for contempt of court.
“Let notice be issued to the Commissioner, MCD as well as to the DCF, North-West as to why contempt action should not be taken against them for violating orders passed by this Court….,” the court said.
It added that the senior officials of MCD and the Department of Forest are responsible to ensure that the judicial orders are taken to their logical conclusions through their subordinate officers.
Justice Singh was dealing with a contempt plea arguing that the officials failed to follow the directions issued by the court requiring the Tree Officers to spell out reasons for permitting the felling of trees.
The plea was filed in connection with the orders passed by the court in a matter concerning the preservation of trees in the national capital.
An application was moved seeking directions against the MCD and the Department of Forest for the de-concretisation of a 60-year-old Peepal tree in the city's Old Rajinder Nagar. Contempt proceedings were also sought against the erring officers.
It was alleged that no inspection was done by the Department of Forest and the personnel from the Horticulture Department of MCD incessantly pruned the tree, leaving it completely bereft of any leaves.
Looking at the photograph of the tree, the court said that it showed the “pitiable condition” of the trees in and around the national capital.
“This is a classic example of one agency passing on its responsibility to another agency, showing total apathy towards the trees of Delhi and their rampant concretisation,” it said.
Justice Singh further said: “Despite the order having been passed more than 2 and a half years ago, there are no steps, which are visible on ground, showing de- concretisation of trees and compliance of orders of this court. The present case is a classic example of total disregard for the orders passed by this Court and lack of due care.”
Issuing contempt notice, the court sought a reply to be filed within one week and added that the Commissioner of MCD as well as DCF North-West shall join through VC on September 20, the next date of hearing.
“It is directed that all possible steps shall be taken to restore the tree. The DCF as well as the MCD will take a survey of the area to see that other similar trees are taken care of,” the court said.
Justice Singh also issued a contempt notice to the Principal Secretary of PWD for failing to comply with an order passed in 2023 directing that all trees in District Courts and Delhi High Court be de-concretised within 48 hours.
“Despite almost a year, the trees in Delhi High Court have not been de-concretised. Again the departments continue to show resistance to complying with the orders of the Court,” the court said.
Last year, the court passed an order saying that no permission shall be granted to anyone by the city authorities for the felling of trees for the construction of houses in the national capital.
Later, the court directed Delhi's Principal Chief Conservator of Forests to ensure that the orders permitting the tree felling, under Delhi Preservation Of Trees Act, 1994, are uploaded within a period of 48 hours on the official website.
Title: BHAVREEN KANDHARI v. SHRI C. D. SINGH AND ORS.
