"When In Bloom, Could Lend Cheer To Every Passerby": Delhi High Court Calls For Plantation Of Amaltas Trees On Freed-Up Land Opposite Supreme Court

The Delhi High Court has recently asked the Forest Department of Delhi Government to explore the possibility of planting Amaltas trees (Indica Laburnum) in the freed-up land opposite the Supreme Court of India, calling the area heart of the city.

Justice Najmi Waziri was of the view that the 600 meters area in question, which is in possession of the Public Works Department (PWD), only had 60 trees planted in it and that there was scope for more plantation.

"Since this area is in the heart of the city, the Forest Department may consider exploring the possibility of planting in it Amaltas trees (Indica Laburnum) so that when in bloom, they could lend cheer to every passer-by," the Court ordered.

It added "Since the land has already been notified as 'deemed forest', the Forest Department, GNCTD will be intimated of its location."

"In the circumstances, for the moment it would be prudent to protect the said land by green-net etc., for two purposes: (i) to protect the newly planted trees and: (ii) to secure the area from encroachment."

The development came in a contempt plea concerning felling of trees, wherein the Court was earlier informed that the officers found guilty of contempt of court for violating judicial orders, wished to volunteer to plant 830 trees (ten times the damaged trees) in and around the Supreme Court, as well as on the stretch of Mathura Road and other other areas in the Central and East Delhi.

It was on the basis of this assurance that the Court, to mitigate to some extent the damage caused by the contemners, kept in abeyance the sentencing order.

On July 21, the court was informed that along the Mathura Road and Lodhi Road Fly Over, a number of trees were planted and an assurance was given by contemners of their regular care for six months. 

"Temporary/ semi-permanent fencing will be put up around the trees, wherever necessary to protect them from any damage. The footpaths shall be put in order so that citizens are not deprived from using the same. An affidavit in this regard shall be filed by the respondents/contemnors before the next date, along with the report of plantation of the remaining 300 trees," the Court ordered.

The Court directed the contemners and the PWD to ensure that the trees planted by them are in accordance with the planned development which have historically lined the avenues.

"Wherever incongruity has occurred because of the recent plantations, the same shall be rectified. Expert opinion in this regard may be sought. This exercise shall be carried out within a week. Videography and extensive photographs of the entire area where plantations have been carried out shall be filed. Each tree shall be numbered. The contemners and the PWD shall care for the trees at least for the next six months," the Court said.

It added "The spot of plantation shall be such that it leaves ample space for users of the footpaths, especially for the wheel-chair bound. Requisite space around the tree trunks shall be maintained so as to ensure their survival and longevity."

Accordingly while further keeping the sentencing in abeyance till the next date, the Court listed the matter for further hearing on August 5.

Advocate Aditya N Prasad appeared for the petitioner.

The court, in previous hearings of the matter had shown concern over the removal of fully grown trees from the city, stating that it would be reasonable and wise to transplant such trees rather than removing them.

The court had also emphasised upon the value of every single tree in a neighbourhood and stated that compensatory afforestation, which is a "geographically distant and nascent compensatory plantation, can hardly be of any respite or actual compensation."

CASE TITLE: NEERAJ SHARMA v. VINAY SHEEL SAXENA & ORS. and NEW DELHI NATURE SOCIETY v. SHRI VINAY SHEEL SAXENA & ORS.

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