[Illegal Tree Felling] “No Satisfactory Progress Made In Terms Of What Court Expected: Supreme Court

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A bench comprising Justices Abhay S Oka and Augustine George Masih instructed senior advocate A D N Rao, the amicus curiae in the case, to propose potential agencies by December 18, the next hearing date.

NEW DELHI: On Monday(9th Dec), the Supreme Court proposed the appointment of an agency to recommend measures to improve the rapidly declining green cover in the National Capital.

A bench comprising Justices Abhay S Oka and Augustine George Masih instructed senior advocate A D N Rao, the amicus curiae in the case, to propose potential agencies by December 18, the next hearing date.

“No satisfactory progress has been made in line with the court’s expectations. Therefore, we suggest appointing an agency to recommend actions to enhance the green cover in the National Capital Territory of Delhi. We allow the amicus to propose agencies that can undertake this task,” the bench stated.

Earlier the bench noticed

“The latest CEC report discloses a shocking state of affairs. It records that 454 trees were illegally felled on the night of 18th and 19th September 2024. From the report, it appears that this blatantly illegal action… has been taken by persons named in the report in violation of orders of this court. Prima facie, we are of the view that the persons mentioned in the report are guilty of civil contempt. Hence we issue notice to them, returnable on 16th December, calling upon them to show cause as to why action under the Contempt of Courts Act should not be initiated against them.”

During the hearing, the court was informed that the Delhi government had held two meetings since the June 26 order, though the report was not yet submitted.

Earlier, the Supreme Court had directed the Delhi government and municipal authorities to hold discussions on comprehensive strategies for boosting the city’s green cover, noting that residents were suffering due to the loss of greenery.

The bench had also anticipated that the forest department and tree authority would monitor illegal activities related to tree felling in Delhi.

“Given the illegal and destructive acts of tree cutting, we issue notice to the Delhi Government, Forest and Environment Department, Tree Authority, MCD, and DDA. The Secretary of the Forest Department will convene a meeting with all relevant officers in the presence of the expert committee to discuss comprehensive measures to enhance Delhi’s green cover,”

it had previously ordered.

Previous Hearings

The Court also ordered a halt to any further tree felling or construction at the site, directing that the illegally felled timber be dealt with according to the law.

The Registry instructed to send the contempt notices to the Mathura Superintendent of Police, who must ensure compliance with this order.

The Bench emphasized,

“whenever permissions are granted by this court for felling of trees, such activities shall not be carried out between 6pm-8am.”

This ruling was part of ongoing cases concerning tree felling in the ‘Taj Trapezium Zone’ in Uttar Pradesh.

Similarly, The Ridge, an extension of the Aravalli hill range in Delhi, is a rocky and forested area divided into four administrative zones—south, south-central, central, and north—covering approximately 7,784 hectares.

The CEC’s report advises that project proponents must regularly upload data to the MIS module, including project details, the number and species of trees affected, court orders, and requirements for compensatory planting and maintenance.

Additionally, the report suggests granting project proponents a six-month grace period to adhere to the court’s conditions for tree felling approvals. During this period, new proposals should be held in abeyance. If compliance is not met within the grace period, the Supreme Court may impose appropriate punitive measures.

The CEC report proposed that project proponents regularly upload relevant data, such as project details, the number and species of trees affected, and related court orders, onto the MIS for proper monitoring. The report highlighted the need for timely compliance with the Supreme Court’s orders, particularly in matters concerning the Delhi Ridge, an extension of the Aravalli range, which spans around 7,784 hectares.

The CEC further recommended granting project proponents a six-month grace period to comply with court-imposed conditions for tree felling. Failure to do so within the allotted time could result in punitive actions.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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