'Allowed Callous Affair To Fester For Years': Delhi High Court Seeks Response Of SDMC, Delhi Police Over Concretization Of Trees

The Delhi High Court has sought response of the South Delhi Municipal Corporation as well as the Delhi Police over concretization of hundreds of trees in city's Vasant Vihar area. The Court observed that the municipal corporation allowed the callous affair to fester for years.

Justice Najmi Waziri observed that the concretization of the street was unmindful of the directions of the High Court and the NGT. This disregard was shown not only by the Municipal Corporation but also by the road maintaining agency being the Public Works Department.

"Let an affidavit be filed by the SHO of the area concerned with the prior approval of the DCP, explaining how the concretization was allowed to occur in the first place. An affidavit shall also be filed by the Deputy Commissioner, SDMC and by the Executive Engineer of the PWD, GNCTD, which is the road owning agency. In view of the above, the Tree Officer, GNCTD would also be a necessary party, and is impleaded as respondent no. 4," the Court ordered.

The Court was dealing with a plea highlighting the inaction of the respondent authorities for preservation of trees. The plea also cited non-compliance of the orders passed the High Court as well as by the National Green Tribunal.

Looking at the photographs shown by Sanjeev Sabharwal, standing counsel of SDMC, the Court was of the view that the same depicted that hundreds of trees were concretized up to the tree trunk, nails were embedded in them and metallic wires were strung along the trees, which was an evident "victimization of the trees".

"Surely, the Municipal Corporation which maintains the streets inside the residential colony would have noted it but has, for reasons best known to it, allowed the callous affair to fester for years," the Court said.

Accordingly, the Court directed the Deputy Commissioner of SDMC to file an affidavit explaining about the state of affairs.

"A report shall be sought from the Executive Engineer, SDMC, as well as from its Director (Horticulture). Responsibility shall be fixed and remedial measures shall be ensured within a week from the date of receipt of a copy of this order," it added.

Advocate Aditya N Prasad appearing for the petitioner submitted that a complaint was made under the Delhi Tree Preservation Act, 1994, to the Tree Officer in December 2020 regarding victimisation of trees and illegal activities, however, the Court was informed that instead of taking any action, notice was issued to the President of Vasant Vihar Welfare Association.

It was also submitted that such issuance of notice was without complete application of mind because the Association was in fact involved in preserving the trees in the said colony.

"Surely, the efforts of the Residents‟ Welfare Association apropos preserving the ecology of the area should be encouraged," the Court said.

While issuing notice on the petition, the Court listed the matter for further hearing on November 15.

Case Title: BHAVREEN KANDHARI v. GYANESH BHARTI & ORS

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