Delhi Ridge Tree Felling Contempt Case | Supreme Court Reserves Judgment; To Take Fresh View, Not Swayed By Previous Benches' Orders

The Supreme Court on Tuesday (January 21) reserved its decision in the Delhi Ridge Tree Felling Contempt Case against the Delhi Development Authority (DDA). 

The bench of Justice Suryakant and Justice NK Singh heard the arguments of the parties in the matter. During the hearing, the bench clarified that it would consider the matter from a fresh perspective without being influenced by the views of the previous two benches who were considering the issue. 

" We would look to take a completely fresh look, that should also be part of our sense of neutrality- that we are not swayed by one particular order or dissuaded by another order, we should have a completely independent view" Justice Suryakant said. 

Notably, one contempt case arose from Justice Oka's bench (MC Mehta case) and another from Justice Gavai's bench (TN Godavaramna case).

In view of the parallel proceedings, the matter was referred to the CJI. Former CJI DY Chandrachud's bench had called for a personal affidavit of the Delhi LG (Chairman of the DDA) in the matter. Earlier, Justice Oka's bench had prima facie observed that there were correspondences indicating that the trees were cut on the instructions of the Delhi LG. The LG filed an affidavit denying that he gave any such instructions and stated that he was not informed about the need for Court's permission to cut the trees. The matter reached the present bench after the recusal of CJI Sanjiv Khanna.

DDA Took Alternate Approach Of Tree Felling To Avoid  Acquisition Of Farm Lands : Contempt Petitioners Inform Bench 

During the hearings, Senior Advocates GuruKrishna Kumar and Gopal Sankaranarayanan for the contempt petitioners informed the bench that as per the expert committee's report, the road widening route from the Delhi Ridge was done to avoid the cumbersome land acquisition process in the event of taking the alternative route through the farmhouses in Chattarpur area. 

The road widening project has been undertaken to provide transportation to the CAPFIMS (Central Armed Police Forces Institute Of Medical Sciences) Paramilitary Hospital

Notably, the expert committee was constituted previously by the bench of Justice Oka and Justice Bhuyyan to inquire into the aspect of illegal felling. Previously, the committee submitted in its report that the trees in the Delhi Ridge were cleared for a road widening project without undertaking prior assessments on rainwater harvesting, restoration etc.

Senior Advocates Maninder Singh and Vikas Singh appearing for the DDA informed the bench that the authorities are planning to plant 70,000 trees as compensatory forestation measure on a land measuring 185 acres. Senior Advocate Mahesh Jethmalani appeared for the Delhi Governor.

Bench Mulls On The Extent Of Gravity Of The Present Contempt

During the hearing, Justice Suryakant, while acknowledging that the illegal felling had taken place, posed to Sankarnarayanan as to the extent of the contempt since the felling was done keeping in mind the larger project for paramilitary jawans.

" There can be instances where the entire state machinery bends the rules and laws in favour of some affluent people to give them benefit directly or indirectly...the other is that somebody wants to help these voiceless poor persons- the jawans who are working on the borders, their families are scattered, they don't have medical facilities in remote areas where they go to ....for them somebody out of anxiety is providing basic medical facilities. That's some violation vis-a-vis the violation by some person who has done it for purely some monetary benefit - what should be the gravity of the contempt then?,"  he asked

To which Sankaranarayanan answered that it was not the case that earlier the road was not there to reach the Hospital; it was already a double carriageway which was proposed to be widened further. He stressed that it was incorrect to use the medical needs of Jawans as an excuse to cover up the contempt. 

"The problem is- because they decided to set up residential and commercial (complex) around that hospital, to which they wanted to provide access, that they keep putting jawans in front which is a very convenient political argument, forgetting the fact that there is a complete road and access is being provided by two other roads which they are constructing, so there are three roads," he submitted.

Background

The matter was heard on several days in June-July 2024 by a bench comprising Justices Abhay S Oka and Ujjal Bhuyan, during which the DDA and its Vice Chairman had to face several tough questions from the bench. During the hearings, the bench had observed that the materials indicated the role of Delhi Lieutenant Governor V K Saxena, who happens to be Chairman of the DDA, in ordering the tree felling in Delhi's ridge forest. The bench also minced no words in pulling up the DDA for "cover-ups". At the last hearing on July 12, the bench had warned that it would issue contempt notice to the LG and posted the matter for further hearing on July 31.

Meanwhile, on July 24, another bench led by Justice BR Gavai, took objection to Justice Oka's bench taking up the contempt petition. Justice Gavai observed that his bench had issued notice to the DDA on a contempt petition (filed by another petitioner) with respect to the same tree felling much before Justice Oka's bench initiated the proceedings. The bench led by Justice Gavai, noticing the parallel proceedings, referred the matter to the Chief Justice of India and opined that all matters pertaining to the Delhi ridge forest be dealt with by one single bench.

After this order of Justice Gavai's bench, the matter was not listed before Justice Oka's bench on the scheduled date of July 31. The matter was then shifted to the bench led by former CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Mishra

The felling of trees was done for the road widening project from Main Chhattarpur Road to SAARC Chowk, Gaushala Road Row and from SAARC Chowk to CAPFIMS (Hospital) Row.

Following the directions issued by Justice Oka's bench on July 12, Chief Secretary of the Government of the National Capital Territory of Delhi, Naresh Kumar, filed an affidavit stating that LG VK Saxena was not made aware of the necessity to obtain the court's permission for felling trees in the southern Ridge.

During the hearings before Justice Oka, the petitioner in the contempt case complained of harassment by the Delhi police, following which the Court made a stern observation that no authority should harass the petitioner.

Case Details: Bindu Kapurea v. Subhasish Panda Dairy No. 21171-2024, In Re Subhasish Panda Vice Chairman DDA SMC(Crl) No. 2/2024