Supreme Court Criticises Delhi Govt For 'Lacklustre Approach' In Enhancing Green Cover, Seeks Forest Secretary's Affidavit

The Supreme Court on Monday (September 30) criticized the lacklustre approach of the Delhi government towards making efforts to enhance the green cover in Delhi NCR and directed the Secretary of thru Forest Department to appear before the Court on October 18, 2024.

“We fail to understand such a lacklustre approach on the part of the Secretary of the Forest Department...We direct the Secretary of the Forest Department to file a personal affidavit recording compliance with the order of this Court passed on June 26, 2024, and subsequent orders. The affidavit will contain concrete measures already taken by the Delhi government for enhancing the green cover of the area”, the Court held.

A bench of Justice Abhay S Oka and Justice Augustine George Masih further pulled up the Delhi Forest Department for submitting a status report on green cover in the contempt case against DDA over illegal tree felling which was transferred to CJI's bench from the bench led by Justice Oka.

“Either there is complete lack of knowledge or somebody wants that this court should not hear this matter also, one of the two things. There is something else in your approach obviously. You referred to this and you say that we will not file the material we will file it in the contempt petition. What is this going on? Firstly, you are not doing anything, completely lacklustre approach. You have not understood orders of the court and on top of this you are making casual statements that no we filed an affidavit in some other matter? What is going on?”, Justice Oka orally remarked.

The Court was hearing the issue of complying with an order dated June 26, 2024 on enhancing the green cover. This issue is being considered in the MC Mehta v. Union of India case, in which the court passes directions from time to time concerning various environmental issues.

In the MC Mehta case, a contempt plea was filed by one Bindu Kapurea against illegal tree felling in Delhi ridge on the orders of the Lieutenant Governor of Delhi VK Saxena. The contempt case was later transferred by the CJI. On June 26, the Court puled up the Delhi Development Authority (DDA) and the Forest Department for the illegal tree felling.

On the same day, the Court highlighted that the extreme heatwave conditions that affected the region were caused due to loss in green cover. The Court had directed the Forest Department Secretary to convene meetings with representatives of the Tree Authority, the Municipal Corporation of Delhi, and the New Delhi Municipal Council to formulate and implement a plan for enhancing green cover.

During the hearing today, the bench sought updates on what measures had been taken so far in enhancing the green cover.

The Counsel appearing for the Forest Department sought time of one week to submit details on steps taken, admitting that the status report previously filed did not include measures aimed at enhancing green cover. The counsel said that necessary material showing compliance with the June 26 order has been filed in the DDA contempt matter.

However, Justice Oka rejected this approach, making it clear that the directions to improve green cover were part of the main MC Mehta writ petition, not the contempt petition. He sternly reminded the counsel, “The directions on enhancing green cover were filed in the writ petition, not the contempt matter. Don't try to take advantage of the contempt petition being transferred. We are warning you. What business do you have to place the affidavit in the contempt?”

"Today learned counsel appearing for the government pointed out that necessary material showing compliance with this direction has been filed in the contempt petition filed by Bindu Kapurea. We fail to understand this action on the part of the Delhi government knowing very well that the direction has been issued in the main writ petition", the Court observed in the order.

The Court further noted that the status report filed on September 21, 2024, demonstrated a lack of interest by the Forest Department's Principal Secretary and other officials. The Court pointed out that detailed suggestions provided by experts as well as amici S Guru Krishnakumar and Anita Shenoy during meetings on September 21, 2024, had not been implemented or addressed.

Today, the amicus highlighted the working plan for Delhi, which is being prepared by the Forest Research Institute. The Court sought details on this plan, noting that over three months had passed since the June 26 order without any meaningful measures being put on record to enhance Delhi's green cover.

The Court gave the Secretary until October 15 to file the affidavit and listed the case for hearing on October 18, 2024. It also directed the Secretary of the Forest Department to appear before the Court through video conference.

On June 26, 2024, the Supreme Court had directed the Delhi government and the Tree Authority to monitor illegal tree felling and enhance green cover across the National Capital Territory (NCT). The Court had mandated the creation of necessary infrastructure, such as modern technology, for better surveillance of the region's 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.

On September 6, 2024, the Court took up the issue of compliance with compensatory measures for tree felling in various public projects. It directed the Centrally Empowered Committee (CEC) to ask project proponents to upload data on compliance with court conditions regarding compensatory efforts. The Court warned of contempt proceedings against project proponents who failed to submit the required data within three months of receiving notice.

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

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