Concretization Of Trees: Delhi High Court Calls For Operationalising Tree Disease Surgery Unit In SDMC

Dealing with a plea highlighting the inaction of the authorities over concretization of trees in city's Vasant Vihar area, the Delhi High Court has called for operationalising a Tree Disease Surgery Unit in South Delhi Municipal Corporation.

Justice Najmi Waziri said that Corporation shall ensure that the Unit be operationalized if the same is not already done, before the next date of hearing.

The development came after Advocate Aditya N Prasad appearing for the petitioner submitted that there was a need of a Tree Disease Surgery Unit in the Corporation. This is in accordance with the Guidelines for greening of urban areas and landscaping of 2000.

"The list of officials manning this unit/ their qualifications; the vacancies, if any, and the duration of the vacancies shall be filed before the next date by the Zonal Dy. Commissioner, SDMC," the Court ordered.

The Bench also directed the Corporation to ensure adequate number of tree ambulances, for the area under their control.

"The Court is sanguine that SDMC will find some assistance in this regard from the New Delhi Municipal Council, which has had tree ambulances for the past many years," the Court ordered.

The Court had earlier pulled up the South Delhi Municipal Corporation over the issue observing that concretization of trees amounts to worst kind of human rights abuse for the reason that it changes the whole environment of people.

During the recent course of hearing, the counsel appearing for Residents Welfare Association, Vasant Vihar argued that some of the concrete ramps over the footpath in Vasant Vihar area had been demolished by Corporation in contravention of the Building Plan, which included sanctioned ramps over the public footpath.

Therefore, impleadment of Residents Welfare Association, Vasant Vihar was sought to bring on record documents in support of the contentions.

The Court took on record the Status Report of the SDMC showing further progress in the work undertaken by the Corporation. The AE (Civil), SDMC, also assured the court that all directions will be complied with in right earnest and to the requisite satisfactory level.

The counsel appearing for SDMC submitted that the Corporation had numbered 3909 trees under its jurisdiction and care. Further assurance was given to the court that each of the tree was being individually cared for.

ASC Shadan Farasat appearing for the PWD submitted that in a concerted effort, PWD had removed concretization around a number of trees, on the roads, under its jurisdiction.

"Some of the photographs, shared online with the court during the hearing, show that due to the said extensive and possibly hurried exercise to meet the court-fixed timelines, the roots of the trees have now been exposed extensively. This would cause much distress to the trees as well as threaten their stability and survival," the Court noted.

Farasat therefore assured the court that immediate remedial measures shall be put in place, within a week, wherein assistance of expert bodies or persons shall be taken to ensure that stress to the trees is urgently removed or minimized.

The matter will now be heard on March 3.

Previously, emphasizing on the need for tree-lined avenues and footpaths, the Court had observed that the constitutional guarantee of citizens' freedom of movement as enshrined in the Constitution should not be hemmed in by the lack of civic amenities.

"While freedom of movement is a constitutional guarantee, it should not be hemmed-in by the lack of requisite civic amenities. Citizens need to be empowered and facilitated in the enjoyment of their constitutional rights, for which provision of basic civic amenities is essential, like a safe and secure neighbourhood, tree-lined avenues and footpaths, where an endeavour of a leisurely stroll is actually a pleasurable exercise and not an obstacle-dodging, harrowing experience," it had observed.

Case Title: BHAVREEN KANDHARI v. GYANESH BHARTI & ORS

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