'Heat Wave Now Because We Lost Green Cover' : Supreme Court Directs Delhi Govt, DDA For Replantation Of Trees

The Supreme Court on Wednesday (June 26) directed the Delhi Government and the Delhi Development Authority (DDA) to take effective steps in enhancing the green cover of the National Capital amidst the extreme heat wave that the public is suffering from.

The Court also directed the implementation of the recommendations of a 3-member expert committee appointed earlier on May 16 to look into the issue of illegal felling of trees in Delhi Ridge. 

A vacation bench comprising Justices Abhay S Oka and Ujjal Bhuyan was hearing a suo motu contempt case initiated against DDA Vice Chairman Subhashish Panda for the felling of trees in violation of the orders of the Court.  The expert committee was appointed to inquire into the aspect of illegal felling and 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. 

The slew of directions to the DDA and Delhi Government came as a consequence of the growing concerns over the need to preserve and restore the green zones of the National Capital, especially with the soaring temperatures in the region. 

"Now we are feeling the heat wave in the true sense because the green cover has been lost over the years," said Justice Oka. 

Directions To Implement Suggestions Of 3-Member Expert Committee

Considering the serious lapses on the part of the DDA and State Forest Department in allowing the illegal felling of valuable trees, the Court directed that the expert committee's report be implemented to deter any such violations in the future.

Justice Oka remarked - "We are 100% sure that this is the tip of the iceberg, this must have happened in several cases, and trees must have been felled. This is one case where it comes to the notice of the Court. That's why we are taking a strong view so that the signal goes." 

The main recommendations of the Expert Committee are pertaining to (a) clearing up the road-widening site for restoring the plantation with great urgency; (b) providing a detailed TSS land survey of the site for plotting where the new trees and shrubs will be planted; (c) creating a 'Holding Nursery'; (d) conducting soil tests at different planting sites; (e) digging, planting and irrigation of saplings; (f) having a Restoration Management Plan in place etc. 

The Court passed the following order : 

"We have pursued the preliminary report of the committee of three experts. We direct the DDA to take steps for the implementation of the recommendations made in clause 1 under the heading 'Suggestions/ Recommendations' starting from subclause (a). As far as Subclauses (a) and (b) are concerned there is an element of urgency. 

The suggestions in terms of paragraph 1 be done by DDA under the supervision and advice of the 3-member committee. Compliance should be reported on or before 11 July. The 3-member committee is free to file their report on the implementation of this order." 

It may be noted that Subclauses (a) and (b) require : 

a) DDA should commence operations to remove the tarmac, bajri, and stone grit along with sub-base materials of roads, drains, sidewalks, etc. that are deemed to have been illegally made. The objective is to recover a surface of bare soil free ofany admixture of road-building or sidewalk construction materials, in order to make it ready for planting.

b) If the objective is to begin planting up of the site this year(2024-which may be unrealistic), the work of site-clearance must be done with great urgency because the best time to plant is the start of the monsoons, which is imminent

The Court noted that as far as the Forest Survey of India is concerned, the preliminary report states that the final report on the total trees felled will be filed by 1st August.

Court Constitutes Committee To Restore Green Cover In The City 

During the hearing, the bench suggested that a committee be set up to recommend steps for restoring the green cover in the city. Justice Oka stressed how measures need to be taken by state authorities in restoring the greenery in the National Capital considering the severe side effects that the citizens of Delhi are facing due to the ongoing heatwave. 

The bench then proceeded to direct the State's Forest Department and Tree Authority to keep strict vigilance over the illegal cutting of trees and implement the environmental statutes in their true spirit. 

"We expect the Forest Department and Tree Authority to keep a constant vigil in the entire area of National Capital Territory of Delhi about the activities of illegal felling or damaging of trees. Wnless such authorities do so, the very purpose of enacting various Acts regarding forests as well as trees will be completely frustrated." 

The Forest Department was also directed to state on oath the machinery employed to keep constant vigil as per the order dictated above.  

The Court ordered the principal secretary of the Forest Department to convene a meeting with the multiple stakeholders along with the three-member committee appointed by the Top Court to address the issue of damage to green cover and effective measures for restoration of the same. 

The details of the meeting and relevant stakeholders are per the order reads : 

"Considering the illegal and high-headed acts of the felling of trees, we issue notice to (1) Govt. of Delhi; (2) Forest and Environment Department; (3) Tree Authority ; (4) MCD; (5)DDA. The Secretary of the Forest Department will convene a meeting of responsible officers of all these authorities in the presence of the expert committee appointed under the contempt petition for  discussing the comprehensive measures taken for enhancing the green cover of the National Capital Territory of Delhi. Notice made returnable on July 12." 

The matter will now be heard on July 12.  

Reports on other developments during the hearing can be found here and here. 

Case Details :  Bindu Kapurea v. Subhasish Panda Dairy No. 21171-2024, In Re Subhasish Panda Vice Chairman DDA SMC(Crl) No. 2/202