Delhi Green Cover | Will Issue Contempt Notices On Slightest Non-Compliance Of Conditions For Tree-Felling, Warns Supreme Court

The Supreme Court on Tuesday (August 20) indicated that it will issue contempt notice on even slightest non-compliance of conditions imposed by it while permitting felling of large number of trees in Delhi.

A bench of Justice Abhay Oka and Justice Augustine George Masih was considering the issue of enhancing the green cover in Delhi, and setting up a mechanism to ensure compliance of Court orders regarding compensatory efforts while granting tree felling permissions.

During the proceedings, Justice Oka suggested that compensatory afforestation should be a prerequisite for granting permissions to fell trees. The bench asked the amicus curiae to provide a few cases in which the Court granted permissions for felling a large number of trees.

“Can you give us a few cases where permission was granted to fell a large number of trees? We can see if those orders were complied with…Give us five cases. Even if we find slightest non-compliance we will issue contempt notice”, the bench said.

The Court directed amici curiae ADN Rao and Anita Shenoy to submit details of five or six such cases, indicating that it will issue contempt notice on even slightest non-compliance of its orders in these cases.

“The other issue is about the implementation of the conditions imposed by this court while granting permission for the feeling of translocating the trees. We request the learned amicus to submit five or six cases by way of illustration wherein large number of trees were permitted to be felled. In relation to these cases, we propose to issue directions to various authorities to report compliance with the terms and conditions imposed by this court”, the Court said in its order.

During the hearing, the bench also proposed involving the Centrally Empowered Committee (CEC) to monitor the implementation of its orders. The Court expressed the intention to pass an exhaustive order after receiving a report from CEC, the forest department etc.

The Court in its order referred to its order dated May 17, 2024, which permitted the felling of ten trees and the pruning of seven others. The Court directed the Forest Department of the Government of the National Capital Territory of Delhi (GNCTD) and the CEC to report on the compliance with directions in the order regarding compensatory afforestation within two weeks.

Amicus curiae Anita Shenoy suggested geo-tagging of trees through which whether the plantation has survived can be monitored. She further submitted that there are five different plans operating for greening of Delhi, suggesting amalgamating and having a single plan to be implemented in the region.

The Court allowed Shenoy to submit her suggestions about Delhi's greening efforts to the Secretary of the Forest Department. The Court ordered the Secretary to conduct multiple meetings on the matter and consider Shenoy's suggestions, and report back within a month.

Background

These proceedings are part of the Supreme Court's ongoing efforts to safeguard the environment in Delhi-NCR, stemming from the MC Mehta cases concerning environmental issues. The Court has previously mandated that public authorities seeking permission to cut trees for public projects must minimize tree felling by re-examining project alignments. The Court highlighted that Article 51A of the Constitution underlines the duty of citizens to protect the environment and the right to a healthy environment.

Earlier, the bench criticized the Uttar Pradesh government for its casual approach in seeking permission to fell 3,874 trees for the Agra-Jalesar-Etah road project in the Taj Trapezium Zone, where the CEC recommended the removal of only 2,818 trees. The Court decided it will consider granting permission only after the state government commenced planting 38,740 trees, as suggested by the CEC.

The Supreme Court has also taken a stern stance on unauthorized tree felling in Delhi, particularly in the Ridge Forest area, by initiating a contempt case against the chairman od the Delhi Development Authority. The Court is scrutinizing the role of the DDA, Delhi Government as well as the Lieutenant Governor of Delhi, VK Saxena, in ordering tree felling without the necessary court permissions. The Court on July 12 opined that the authorities engaged in a cover-up and directed the relevant authorities to come up with a machinery for surveillance in Delhi to monitor the illegal felling of trees.

The Court also directed the Delhi Government to develop a comprehensive plan for environmental compensation and outline the preventive measures it will take to curb unauthorized tree felling in the future. The Court also mandated that the Delhi Government enhance the infrastructure of the Tree Authority and the Forest Department to better protect the city's green cover.

On July 19, the Court stressed the need for mechanism to ensure compliance with the orders passed by it regarding the felling of trees.

In June, the Court highlighted that the extreme heatwave conditions that affected the region were caused due to loss in green cover. The Court ordered the DDA and the Delhi Government to implement the recommendations of a three-member expert committee to restore the green cover in Delhi, which includes urgent measures to clear illegally constructed roads and plant new trees.

Case no. – Writ Petition (Civil) No. 4677/1985

Case Title – MC Mehta v. Union of India & Ors. 

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