[Increasing Green Cover] “Somebody wants this court not to hear the matter. Completely lackluster approach”: SC Blasts AAP Govt

The Supreme Court Today (Sept 30) while hearing the issue of increasing green cover in Delhi NCR, expressed concern over a lack of understanding or intent to obstruct the court’s proceedings. Justice AS Oka criticized the lackluster response and questioned the seriousness of filing materials only in a contempt petition, raising concerns over the failure to engage with the court’s directives.

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NEW DELHI: The Supreme Court convened today to examine the ongoing efforts to increase the green cover in the Delhi NCR region, a matter of critical environmental significance. The hearing, presided over by Justice Abhay Oka, focused on evaluating the steps taken by the government and relevant authorities to implement the court’s directives.

During the proceedings, Justice Oka sought clarification on the progress made by the government in this regard. Counsel for the forest department responded, stating,

“I’m requesting a brief extension. Our status report lacked details on the measures implemented. We’ve submitted an affidavit concerning Bindu Kapurea (DDA contempt case).”

This submission, however, seemed to prompt further inquiries from the bench.

The counsel further requested additional time to present a more comprehensive report on the actions taken to enhance the region’s green cover.

“I request a week to present the steps taken to improve green cover,”

-the counsel added, indicating that certain aspects of the required information were still pending.

The Amicus Curiae raised concerns about the working plan for Delhi being formulated by the Forest Institute, urging the authorities to address this issue adequately. Given the complexity of the matter, the need for a well-structured strategy was highlighted.

June 26, 2024, Court Order

The court revisited its earlier directive from June 26, 2024, tied to writ petition number 4677 of 1985. This order had instructed the Secretary of the Forest Department to convene meetings with officials from various authorities, as mentioned in the court order, to devise and implement comprehensive strategies to increase green cover across the National Capital Territory of Delhi.

The court order outlined:

“Today, the counsel representing the government highlighted that the necessary materials demonstrating compliance with the court’s directive have been submitted in the contempt petition by Bindu Kapurea. However, we find it perplexing that the Delhi government would take this action when it is fully aware that the directive was issued in the primary writ petition.”

The government’s counsel had argued that a compliance report had been filed in the context of the contempt petition, which has now been transferred to a different bench. However, the status report dated September 21, 2024, indicated a troubling lack of engagement from the Principal Secretary of the Delhi government’s forest department.

The court continued to express its concerns, stating:

“Comprehensive suggestions provided by learned amici have been documented in the minutes of the meeting held on September 21, 2024. Field experts were invited to previous meetings, and their recommendations have also been recorded.”

These suggestions were considered valuable, but their implementation remained unclear.

Justice Oka’s Concerns Over Government Response

Justice AS Oka voiced strong reservations about what he perceived as either a lack of understanding or a deliberate attempt to evade the court’s scrutiny on this important issue. He criticized the government’s approach, calling attention to its unsatisfactory response to the court’s orders.

Justice Oka emphasized:

“The lackluster response and failure to comprehend court orders were evident.”

The court also took issue with the government’s mention of filing compliance materials only in relation to a contempt petition, particularly when the original directive stemmed from the primary writ petition.

Further, Justice Oka underscored:

“The mention of filing material only in a contempt petition raised further questions about the seriousness of the matter.”

He found it troubling that the affidavits were filed in unrelated matters, underscoring a significant disconnect in addressing the core issues raised by the court.

The hearing highlighted the court’s dissatisfaction with the ongoing handling of green cover initiatives, and it raised important questions about the government’s commitment to ensuring environmental sustainability in Delhi NCR. The court’s deliberations pointed to the urgent need for a more cohesive and engaged approach to fulfilling its directives.

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