The Delhi High Court issues a contempt notice to the Deputy Conservator of Forest for allowing tree cutting and transplantation at JNU, breaching a previous court undertaking. Justice Jasmeet Singh criticizes the Forest Department for failing to communicate permissions, highlighting a lapse in oversight.
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NEW DELHI: The Delhi High Court has issued a contempt of court notice to the Deputy Conservator of Forest (DCF), South Division, for authorizing the cutting of two trees and the transplantation of 132 trees on the Jawaharlal Nehru University (JNU) campus. This action was taken in direct violation of a previous undertaking given to the Court.
Justice Jasmeet Singh presided over the case and highlighted a significant lapse in communication from the Delhi Forest Department. The court noted that while the matter was reviewed just four days after the trees were felled, the Court was not informed about the permissions granted by the Forest Department.
“Despite the matter being addressed on 03.05.2024, the court was not informed that respondent No. 2 had already granted permission for the felling of two trees and transplantation of 132 trees.”
-the Court stated.
This ruling stems from a broader issue of non-compliance with the Court’s 2022 directives, which mandated that tree officers must provide explicit reasons for the felling of even a single tree. Despite these clear instructions, it was brought to the Court’s attention that permissions for tree felling were granted 22 times between May and August 2022, seemingly without adherence to the mandated protocols.
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The Court’s strong stance underscores its commitment to ensuring environmental protection and adherence to legal frameworks governing urban forestry. The issuance of a contempt notice serves as a stern warning to officials who fail to comply with court orders, particularly in matters of ecological significance.
The specific case of JNU’s campus highlights the ongoing challenges in balancing development with environmental preservation. The unauthorized felling and transplantation not only contravene legal requirements but also disrupt the ecological balance of the area. The Court’s intervention aims to rectify these violations and set a precedent for stricter enforcement of environmental laws.
By holding the Deputy Conservator of Forest accountable, the Delhi High Court reaffirms its role in upholding environmental justice. This case is a reminder of the critical need for transparency and adherence to judicial directives in the management of natural resources.
This incident at JNU serves as a crucial case study for similar situations across the country, emphasizing the necessity for vigilance and accountability in environmental governance. The Court’s proactive approach in addressing these violations ensures that the principles of sustainability and legal compliance are upheld.
On Wednesday, the Delhi High Court scrutinized an environmental concern involving the unauthorized felling and transplantation of trees for the construction of a building at the Institute of Secretariat Training and Management (ISTM), situated on the Old JNU Campus. This judicial review arose following reports that such activities were carried out on April 29, stirring significant legal and environmental discussions.
During this pivotal hearing, the court was informed of a critical application by the Forest Division, which was subsequently withdrawn. Initially, the application sought to clarify whether permissions for tree felling under the Court’s orders were to be directly intimated to or placed before the Court. This request was supported by an affidavit from the Deputy Conservator of Forests (DCF) South.
In a stern clarification, the Court emphasized that its prior directives from August 2023 did not implicitly authorize DCFs to grant felling permissions for significant projects without proper court oversight.
Hence, the Court found prima facie evidence suggesting that the DCF had breached the Court’s August 2023 order and warranted contempt of court proceedings.
-noted the presiding judge.
The court also demanded a comprehensive explanation from the DCF on why he should not face charges for contempt of court, setting the stage for a consequential judicial examination.
Adding to the legal proceedings, the Delhi government assured the Court that until the next hearing, no new permissions for tree felling would be granted to individuals, and any permissions for crucial projects would be duly reported to the Court. This promise was made in an effort to prevent further environmental damage and ensure stricter compliance with the Court’s orders.
ALSO READ: Supreme Court Slams DDA for Violating Court Order on ‘Unauthorized Tree Felling’ in Delhi Ridge Area
Advocates Aditya N Prasad, Gauram Narayan, and Prabhsahay Kaur contributed their expertise as amici curiae, assisting the court in navigating the complex legal landscape surrounding environmental conservation. Representing the applicants, advocates Abhimanyu Bhandari, Roohl Hina Dua, Sahib Kochhar, and Shreya Arora argued passionately for stringent enforcement of environmental laws.
On the respondents’ side, a formidable team was present, including Senior Advocate Chetan Sharma and numerous other advocates representing various facets of the government and other stakeholders. Central Government Standing Counsel (CGSC) Siddhant Nath and Manika Tripathy, along with Additional Standing Counsel (ASC) Nandita Rao, Anupam Srivastava, and Sameer Vashisht, formed part of this extensive legal assembly.
CASE TITLE:
Bhavreen Kandhari vs. CD Singh and Ors.
