Was Not Informed Of Need To Take Court's Permission Before Trees In Ridge Forest Were Cut : Delhi LG Tells Supreme Court

The affidavit of the LG comes after the bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra passed an order seeking LG's response in the contempt case initiated by the Court against the Vice Chairman of the DDA, Subhasish Panda, over the felling of about 1100 trees purportedly for the widening of the road to CAPFIMS hospital.

As per the affidavit, it was only after the incident of illegal felling of trees that happened from 16 February to 26 February, that the LG was informed in letter by the DDA Vice Chairman on June 10 about the said development. The fact that the Court's permission was needed for the felling was first informed to the LG on March 21 when DDA proposed the constitution of Committee of Experts in terms of the directions in the MC Mehta Case (WP 4677/1985). The detailed affidavit also mentions three officers of DDA responsible for instructing the felling of trees ' on their own accord'. 

In his affidavit, the LG states that the Central Empowered Committee of the Supreme Court had granted approval for the CAPFIMS Project through letter dated February 1, 2017 along with the Environmental Clearance and approval of National Board of Wildlife. The permission was also granted to set up the SAARC University to fulfill the country's international obligations.

Notably, 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.

The affidavit states that for the project, due care was taken to ensure the less number of trees in the ridge get affected. A total of 1051 trees were to be affected out of which 422 trees were planned to be cut/transplanted from the non-forest land and 629 trees were proposed to be cut from forest land.

However, contrary to the above plan, it is stated that 174 trees in non-forest area and 486 trees in the forest area were actually cut, making it a total of 642 trees and not 1100 trees as stated by the petitioner before a contempt case filed in Delhi High Court in Bhavreen Kandhari v. CD Singh and Ors on the same issue of tree felling for CAPFIMS road.

It was also clarified that the approvals for felling were taken from Ridge Management Board (RMB) on June 18, 2024; and from Ministry of Environment and Forest on March 1, 2024. The Tree Officer (under the Delhi Preservation of Trees Act, 1994) also issued permission to fell 422 trees on February 15,2024.

On the specific queries raised by the Court on October 16, the following answers are furnished :

(1) While coming back from the CAPFIM Hospital site visit on February 3, the LG also stopped at the site of the road widening. The LG states that “no one present at the said site on the date of the visit, brought to the notice of the Deponent, the legal requirement of obtaining permission of this Hon'ble Court for felling of trees.”

The LG was only informed that permission for felling is awaited from competent authority, thus the felling has not yet begun. The affidavit then states :

“On this, the Deponent informed that for the trees falling under DPTA, 1994, the Forest Department had already taken approval of the Minister (Environment & Forests) and Hon'ble Chief Minister with my concurring opinion. The Deponent had observed that the concerned officials should expedite the communication of the approval in this regard to the DDA, In any event, the direction of Deponent, by no stretch of imagination, was to by-pass the The law, The Deponent had also not issued any instructions to not take any permission, wherever it was required law.”

(2) The additional directions which the LG gave were : (a) clubbing of all pending cases of land acquisition related to road widening to defend them in a coordinated manner; (b) shifting of BSES electric poles, overhead capables , underground cables causing hinderance in the project; (c)shifting of the PNG Gas pipelines obstructing the project ; (d) shifting of the surplus earth stacked at CAPFIMS hospital for filling low-lying areas in the vicinity.

(3) The affidavit clarified that that the LG was informed of the trees felling permission from the Apex Court only on March 21, 2024 after DDA had proposed a constitution of Committee of Experts in compliance with the directions of the Court in MC Mehta Case. The fact that the actual felling of the trees commenced on or about February 16, 2024 was informed to the LG only through a letter by the vice Chairman of DDA on June 10, 2024, “which was issued pursuant to the directions of this Hon'ble Court”.

(4) The DDA's Inquiry Committee has revealed 3 main officers responsible for the illegal felling of the trees 'on their own accord' : (iii) Shri Manoj Kumar Yadav, Executive Engineer, SMD 5, DDA who instructed the contractor to cut trees; (ii) Shri Pawan Kumar, AE-I, SMD-5, South Zone, Engineering Division, DDA and (iii) Shri Ayush Saraswat, AE-II, SMD-5, South Zone, Engineering Division, DDA. The action of their suspension, disciplinary inquiry have been set out in detail in the affidavit dated June 18, 2024.

(5) The affidavit states that a detailed set of directions have been initiated at different levels in DDA. The LG assures the Court that “the existing structures and mechanisms will be comprehensively reviewed in light of the report and prompt action will be taken which would not only reform the system, but usher in greater accountability and close monitoring of projects by senior officers”

(6) The Vice Chairman of DDA as per the affidavit was undergoing a medical surgery on February 16 at AIIMS and was not present at the site during the 'unfortunate event of felling of trees during period of 16.2.2024 to 26.2.2024'. The LG requests the Court to discharge the Vice Chairman from the present contempt proceedings.

(7) Regarding the whereabouts of the felled timber, it is submitted that after a joint inspection of the wood on July 3, 2024, the timber is now handed over to the Office of Deputy Conservator of Forest and has now been in possession and control of the Forest department of Govt. NCT Delhi.

(8) Set of measures for restoration of the felled trees has also been taken. This includes compliance of earlier directions of trees restoration on CAPFIMS roads, leveling of the road construction site, planting of 170 trees and 400 shrubs at the site along with 200 trees and 500 shrubs to be planted in Guashala Road in coming week.

Background

The matter was heard on several days in June-July 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 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