Today, On 28th May, The Supreme Court described the Delhi Ridge tree-cutting issue as “a case of institutional missteps and administrative overreach,” while letting the Delhi LG and DDA off the hook in the contempt case, citing broader public welfare considerations.
New Delhi: The Supreme Court decided to conclude contempt proceedings against Delhi Development Authority (DDA) officers who had previously faced scrutiny for permitting unauthorized large-scale tree-felling in the ecologically sensitive Delhi Ridge area.
Each officer was directed to pay a fine of Rs.25,000.
A bench of Justices Surya Kant and NK Singh determined that the DDA officers had indeed committed contempt of court by failing to obtain the Supreme Court’s approval, as mandated by a 1996 ruling, before allowing tree-felling in the area.
Classifying the authority’s actions as criminal contempt, the Supreme Court directed the DDA to implement compensatory afforestation.
At the beginning of the judgment, Justice Surya Kant said,
“We saw the background and events which led to filing of contempt plea. We find following questions arise: whether breach of order of this court was wilful and deliberate and if yes then what steps can be taken to remedy the same.”
The Court also Added,
“We hold that the act of the respondent (DDA) was contumacious and falls under the purview of criminal contempt … This is a case of institutional missteps and administrative overreach. It raises strong questions on accountability,”
He added that the Court’s decision must follow the basic values of the Constitution.
He stated,
“By the principles of constitutional morality. Our decision in such circumstances ought to be grounded in the constitutional values of equity, equality, social justice, and economic justice, which lie at the very nucleus of our constitution.”
Despite this, the Court adopted a lenient stance, suggesting that the lapse stemmed from a genuine misjudgment.
Since the tree-felling was intended to improve access to a hospital for paramilitary personnel, the Court chose to close the contempt proceedings previously initiated against the DDA officers when the case was heard by benches led by then Justice BR Gavai (now Chief Justice of India) and the now-retired Justice AS Oka.
The Order Stated,
“There are two categories (of contempt of court): malafide abuse of power and genuine administrative misjudgment … The broader objective (for felling the trees) was to widen roads for a hospital. This case falls under the category of administrative misjudgment … Access to quality medical care of the officers is a necessity and it reflects the moral compass of the state,”
The Court clarified that it is closing the contempt proceedings against former DDA Vice-Chairman Subhasish Panda, noting that he no longer holds the position and was not a full-time member previously.
This ruling will also be a relief for Delhi Lieutenant Governor (LG) VK Saxena. While the LG was not a party to the contempt case, a bench led by Justice Oka had previously expressed strong concerns about the LG’s alleged involvement in the tree-felling.
Earlier, Supreme Court sought an explanation from LG Saxena. In his response, LG Saxena submitted an affidavit stating that he was unaware of the requirement to obtain the Court’s prior permission for tree-felling until after the process had begun.
The case focused on allegations that the DDA allowed the cutting of over 600 trees in the Ridge area without the mandatory approval of the Supreme Court. This action was reportedly taken to facilitate the widening of a road leading to the under-construction Central Armed Police Forces Institute of Medical Sciences (CAPFIMS) hospital, aiming to improve access for paramilitary personnel to the facility.
During prior proceedings, the DDA acknowledged the unauthorized tree felling and proposed compensatory measures, including planting approximately 70,000 saplings across 185 acres in Delhi.
In today’s ruling, the Court noted that it has issued detailed directives regarding the remedial measures to be implemented by the Delhi government and the DDA.
The Court also ordered the establishment of a three-member committee to examine compensatory afforestation efforts to replace the lost trees by formulating a comprehensive plan.
It added,
“Periodic progress reports are to be submitted to the Court”
The DDA was also instructed to promptly complete the development of the road to the hospital and to explore options for ensuring dense tree coverage along both sides of this road.
Additionally, the Court mandated that a proper identification process be conducted to determine if affluent individuals benefitted from the road construction, who may also be held accountable for costs.
All DDA officers deemed responsible for the unauthorized tree felling are to pay Rs.25,000 each, as ordered by the Court.
The Court stated,
“This is in addition to any other penalty imposed by an internal inquiry committee. The departmental proceedings are to be taken to a logical end. The contempt case shall lie closed therein,”
In April 2024, a bench led by Justice BR Gavai (now Chief Justice of India) observing forest-related matters issued a contempt notice to the DDA regarding the unauthorized tree felling in the Ridge area.
Later, in May 2024, another bench headed by Justice AS Oka initiated separate contempt proceedings on the same issue.
The parallel proceedings were acknowledged in July 2024 when Justice Gavai expressed concern over two benches simultaneously addressing the matter.
A three-judge bench comprising Justices BR Gavai, Prashant Kumar Mishra, and KV Viswanathan referred the case to the then-Chief Justice of India (CJI) for appropriate listing before a single bench.
The matter was subsequently heard by a bench led by then-Chief Justice DY Chandrachud.
Later, his successor, Chief Justice Sanjiv Khanna (now retired), recused himself from the case in November 2024 due to his prior meetings with the Delhi LG while serving as NALSA chairman.
Today, the bench of Justices Surya Kant and NK Singh closed the matter.
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