DDA Guilty Of Contempt In Delhi Tree Felling Case, Relief For Lt Governor

The Supreme Court held the Delhi Development Authority (DDA) guilty of contempt in a case pertaining to tree-felling in the Ridge area for a road-widening project. While categorising the authority's act in the scope of criminal contempt, the top court asked the DDA to carry out compensatory afforestation.

A bench of Justices Surya Kant and NK Singh said the deforestation revealed a "troubling pattern" of "institutional missteps and administrative overreach". "Permission was not obtained, orders were ignored and environmental damage was inflicted," Justice Kant said.

The Bench passed the verdict on contempt plea alleging violation of the 1996 and March 4, 2024, ban on tree felling and deliberate non-compliance of orders on the part of the Delhi LG and IAS officer Subhasish Panda as DDA chairman and vice-chairman respectively.

It acknowledged the intent of cutting the trees, given that the road was being widened to allow seamless transportation to the CAPFIMS hospital. "The hospital (for which road widening was carried out) was to cater to needs of paramilitary jawans. Ensuring access to quality medical care is not a privilege, but necessity. It is imperative to recognise the importance of such institutions for military personnels and their families. Such individuals remain voiceless," it said.

The Bench also directed the formation of a three-member committee to oversee Delhi Ridge area afforestation plan and ensure thick tree cover on both sides of approach road. Further, an environmental fee of Rs 25,000 was imposed on officials, other than the DDA chairman and vice-chairman. A one-time fee will also be levied on affluent residents of area who are beneficiaries of widening of road.

The Bench said that to avoid taking "ignorance as a defence", any notification or order on afforestation, road construction, tree felling or any activity with potential ecological effect must mention the pendency of relevant proceedings before the top court.

On January 21, the top court said while reserving its order that it needed to see the gravity of contempt alleged to be made in the petitions. It had issued a contempt notice to Mr Panda for felling of trees and directed LG and DDA Chairman V K Saxena to file a personal affidavit detailing actions against erring officials for allegedly illegally felling around 1,100 trees in the Ridge area in February 2024.

The felling of trees reportedly commenced on February 16, 2024, before an application was moved, being ultimately dismissed by an order of March 4, the top court noted. On March 4, the top court refused permission to the DDA to fell 1,051 trees, saying its application was "very vague".