Mismatch Between Statements Of Delhi LG & DDA Vice Chairman In Tree Felling Case: Supreme Court Seeks New Affidavits

The Supreme Court on Thursday (October 24) observed that there was a discrepancy between the statements of the Chairperson of the Delhi Development Authority (DDA) and the Vice Chairperson of the DDA regarding the date on which the former was informed about the illegal felling of the trees in the Delhi's ridge forest.

The Court noted that as per the affidavit filed by the DDA Chairperson, who happens to be the Lieutenant Governor of Delhi VK Saxena, the information about the illegal tree felling was conveyed to him on June 10 by the DDA Vice Chairperson.

However, as per another letter issued by the DDA VC, the information about the tree felling was conveyed to the LG on April 12. Taking note of this mismatch, the Court asked both the Delhi LG and the then DDA VC Subhasish Panda (who was recently appointed as Additional Secretary in PMO) to file affidavits on the "above discrepancy."

"We direct a specific disclosure on the specific date on which they obtained knowledge of the felling of the trees," the Court ordered.

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra was hearing a contempt case initiated against the DDA Vice Chairman for the felling of the trees in Delhi's ridge without obtaining the mandatory permission from the Supreme Court. On September 16, the Court had asked the DDA Chairperson (Delhi LG) to file a personal affidavit on various aspects.

On October 20, the LG filed an affidavit stating, among other things, that he was not informed of the need to get the Court's permission before the trees were cut. The LG also denied giving any specific information on February 3, when he visited the site, to cut the trees.

Responding to the earlier query of the Court, the LG's affidavit stated, "As regards the fact that the actual act of felling of trees had commenced on or about 16.02.2024 was brought to the notice of the undersigned vide the letter of the Vice Chairman of the DDA dated 10.06.2024".

However, the bench, after perusing the letter of the Vice Chairman, took particular note of his statement that he had brought to the attention of the LG on April 12, 2024 that the "blunder of felling trees has already been committed by the officers of the DDA."

"That means, on 12th April, 2024, he (LG) is apprised of the fact that the blunder has taken place. But he tells that he got to know only on the 10th of June. How can you say that? Prima facie that may not be correct, Chairperson knew about it sometime on 12th April," CJI DY Chandrachud said.

Senior Advocate Vikas Singh, appearing for the Delhi LG, sought to explain that there was no discrepancy, by saying that the exact date of February 16 was conveyed to him on June 10 whereas the information of felling may have been known to him before.

"He is not saying that he did not know about the felling of trees till 10th June. He only says that the actual date of felling was told on June 10," Singh said. Singh conceded that the present affidavit is not "happily worded" and agreed to file a "better affidavit".

In the order, the bench recorded as follows :

"It now appears that the felling of trees took place on or about February 16, 2024. The primary question that arises is on whose sanction the felling of trees took place.

While the Chairperson of the DDA states in paragraph 20 of the affidavit that he was made aware for the first time on receipt of the letter of Vice Chairperson dated 10.06.2024 that the actual act of felling had commenced on or about 16.02.24, prima facie it appears from the file that on 12.04.24, it is stated that : "Hon'ble LG has seen the proposal of the Department and desired that the exercise of alternate alignment of preferred roads be completed in a time-bound manner."

If this be so, the statement in the letter of the Vice Chairperson that the fact pertaining to the felling of trees was communicated to the chairperson before 12.04.2024 would seem to be borne out from the record.

Consequently, the statement that it was only 10.06.24 that the Chairperson was apprised of the fact that the actual felling of trees commenced on 16.02.2024 would require further clarification.

We further call for affidavits specifically from Subhashis Panda IAS, former Vice Chairperson of DDA and by the Chairperson of the DDA on the above discrepancy."

The affidavit be filed on or before November 4 and the matter will be heard next on November 5.

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

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