NEW DELHI: The Supreme Court on Friday found fault with all authorities – DDA, Delhi government, CM and LG – who were involved in allowing felling of trees in south Delhi’s Ridge area and said they should have accepted their mistake on day one instead of trying to “cover it up”, while also making clear its intention to examine the roles of all those involved.
A bench of Justices Abhay S Oka and Ujjal Bhuyan said the Delhi government had allowed felling of trees when it had no power to do so and there was “complete inaction on the part of LG” VK Saxena in approving the proposal.
Going through the documents placed before it, the court said that what was being covered up had been exposed and it was now clear that the LG had visited the site and ordered that work be expedited; the remark was a reference to the confusion created by Saxena’s visit to the site of the Central Police Armed Forces Institute of Medical Sciences.
‘Did the officers inform the LG about the need to seek court approval for tree felling?’
The court directed the DDA to file its reply on whether the felling of trees was done after the LG’s directions and whether any officer had informed Saxena that trees could not be felled without the court’s permission.
“At the first hearing, we should have been told that the AG had given instructions. The cover-up lasted for three or four hearings. We understood this from the first day of the AG’s involvement, when the AG himself appeared before us. It is very clear. The affidavit shows that the DDA sought permission from the AG. There is also complete inaction on the part of the AG. Why was the AG not informed that the court’s permission was needed? This is a very unfortunate situation,” the court said.
Senior advocate Mahesh Jethmalani, appearing for the LG, urged the court not to come to any conclusion without hearing the LG and said he should be heard before issuing him a notice. But the court said there was no law which made it mandatory to hear an offender before issuing him a notice.
The court then questioned the Delhi government and the DDA for acting in violation of the law and said that no one was concerned about the trees and environment in the national capital. “Everyone has made a mistake. After four or five hearings, the truth has come out. They should have come directly to us and accepted the mistake,” the court said, asking them not to get carried away by the blame game.
The court also directed the DDA to explain whether it had taken the decision to fell trees based on the governor’s permission or whether an independent decision had also been taken. It asked the contractor to inform the court on whose instructions it had proceeded with the felling of trees.
As per records, a proposal was submitted in the forest department of Government of NCT of Delhi for notification under Section 29 of the Delhi Tree Preservation Act for felling of 422 trees in the non-Ridge area for construction of approach roads spanning about 10.5 km from Chhattarpur main road to Saarc University, CAPFIMS and other establishments at Maidangarhi, Shahurpur and Satbari in New Delhi, and was finally submitted before the LG on January 30.
“This proposal was recommended by the technical officer working in the forest department, GNCTD. Thereafter, APCCF (Additional Principal Chief Conservator of Forests) recommended the proposal to the Principal Secretary (Environment and Forests), who, in turn, recommended the proposal to the Chief Secretary. The Chief Secretary recommended the proposal to the Minister (Environment and Forests), who agreed to the proposal and recommended it to the Chief Minister, who agreed and recommended the proposal to the LG on January 25, which was endorsed by the LG on January 30. Thereafter, the notification was issued on February 14,” the DDA vice-chairman said in his affidavit.
A bench of Justices Abhay S Oka and Ujjal Bhuyan said the Delhi government had allowed felling of trees when it had no power to do so and there was “complete inaction on the part of LG” VK Saxena in approving the proposal.
Going through the documents placed before it, the court said that what was being covered up had been exposed and it was now clear that the LG had visited the site and ordered that work be expedited; the remark was a reference to the confusion created by Saxena’s visit to the site of the Central Police Armed Forces Institute of Medical Sciences.
‘Did the officers inform the LG about the need to seek court approval for tree felling?’
The court directed the DDA to file its reply on whether the felling of trees was done after the LG’s directions and whether any officer had informed Saxena that trees could not be felled without the court’s permission.
“At the first hearing, we should have been told that the AG had given instructions. The cover-up lasted for three or four hearings. We understood this from the first day of the AG’s involvement, when the AG himself appeared before us. It is very clear. The affidavit shows that the DDA sought permission from the AG. There is also complete inaction on the part of the AG. Why was the AG not informed that the court’s permission was needed? This is a very unfortunate situation,” the court said.
Senior advocate Mahesh Jethmalani, appearing for the LG, urged the court not to come to any conclusion without hearing the LG and said he should be heard before issuing him a notice. But the court said there was no law which made it mandatory to hear an offender before issuing him a notice.
The court then questioned the Delhi government and the DDA for acting in violation of the law and said that no one was concerned about the trees and environment in the national capital. “Everyone has made a mistake. After four or five hearings, the truth has come out. They should have come directly to us and accepted the mistake,” the court said, asking them not to get carried away by the blame game.
The court also directed the DDA to explain whether it had taken the decision to fell trees based on the governor’s permission or whether an independent decision had also been taken. It asked the contractor to inform the court on whose instructions it had proceeded with the felling of trees.
As per records, a proposal was submitted in the forest department of Government of NCT of Delhi for notification under Section 29 of the Delhi Tree Preservation Act for felling of 422 trees in the non-Ridge area for construction of approach roads spanning about 10.5 km from Chhattarpur main road to Saarc University, CAPFIMS and other establishments at Maidangarhi, Shahurpur and Satbari in New Delhi, and was finally submitted before the LG on January 30.
“This proposal was recommended by the technical officer working in the forest department, GNCTD. Thereafter, APCCF (Additional Principal Chief Conservator of Forests) recommended the proposal to the Principal Secretary (Environment and Forests), who, in turn, recommended the proposal to the Chief Secretary. The Chief Secretary recommended the proposal to the Minister (Environment and Forests), who agreed to the proposal and recommended it to the Chief Minister, who agreed and recommended the proposal to the LG on January 25, which was endorsed by the LG on January 30. Thereafter, the notification was issued on February 14,” the DDA vice-chairman said in his affidavit.
