Chief Justice Sanjiv Khanna recused himself from a contempt plea involving the Delhi Development Authority for tree cutting in Ridge Forest, which violated court orders. The case, also scrutinizing Delhi LG Vinai Kumar Saxena, will proceed before a new bench. The environmental implications and adherence to judicial directives raise significant questions on public interest versus sustainability.
New Delhi: Chief Justice of India (CJI) Sanjiv Khanna on Monday recused himself from hearing a contempt of court plea filed against officials of the Delhi Development Authority (DDA) for allegedly cutting trees in the Ridge Forest area of Delhi in violation of court orders. The case, which also brought Delhi Lieutenant Governor (LG) Vinai Kumar Saxena under scrutiny, will now be heard by another bench.
The matter, listed for the first time before CJI Khanna after his recent appointment, was adjourned shortly after he announced his decision to step aside.
“One thing I would like to point out – when I was NALSA Chairman, I had gone to Patna and with the Delhi LG had toured jails there. So it will not be appropriate for me to hear a writ [which is] in his personal capacity,”
CJI Khanna explained.
The bench, which also included Justice PV Sanjay Kumar, adjourned the hearing and directed the case to be listed in the week commencing November 27.
The case centers on the February 2023 felling of approximately 642 trees in the Ridge Forest area, allegedly violating prior Supreme Court directives requiring court permission for such actions.
Delhi LG Vinai Kumar Saxena, who chairs the DDA, came under fire for allegedly instructing the tree cutting. In an affidavit dated October 22, the LG defended his actions, stating that he was unaware of the need for prior court approval. “I got to know about the requirement of the Court’s nod only in March,” the LG claimed. He added that he was informed about the actual tree cutting in June.
The Bench previously led by former CJI DY Chandrachud found inconsistencies in the LG’s claims. Referring to an official affidavit, the Court noted that the DDA’s then Vice Chairman, Subhashish Panda, had informed LG Saxena about the tree cutting as early as April, contradicting the LG’s defense.
The Court had earlier asked LG Saxena to clarify how the trees were felled without court approval. Saxena argued that the project, valued at Rs 2,200 crores, was of significant public interest. He also contested earlier claims that 1,100 trees were felled, asserting that the number was 642.
Subhashish Panda, who has since been transferred to the Prime Minister’s Office (PMO), is facing a contempt case for allegedly violating court directives. However, LG Saxena has urged the Court to discharge Panda from the case.
The Supreme Court will now assign the case to a different bench to examine the allegations and defenses in this high-stakes matter concerning environmental preservation and governance.
This case highlights the delicate balance between public interest projects and environmental sustainability, while underscoring the importance of adhering to judicial directives. As it unfolds, the Court’s ruling could set a precedent for accountability in such disputes.
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