The Supreme Court Today (July 12th) said there was a complete non-application of mind by Delhi Lieutenant Governor (LG) VK Saxena in granting permission for felling of trees despite pendency of Delhi Development Authority (DDA)’s application for it before the top court.
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NEW DELHI: The Supreme Court on Friday criticized Delhi Lieutenant Governor (LG) VK Saxena for his decision to permit the felling of trees despite the ongoing application by the Delhi Development Authority (DDA) before the top court.
A Bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan expressed strong disapproval of the LG’s actions and the subsequent attempts to cover up his involvement.
The Bench noted,
“First date, we should have been told that LG had given directions. Cover up went for 3 days. We understood from the day of LG involvement when AG R Venkatramani himself appeared before us. It is very clear. Affidavit shows that DDA sought permission of LG. There is complete non-application of mind by LG as well, he presumed that Delhi Government has power of tree officer.”
The Court questioned whether LG Saxena considered himself a court and whether DDA officials had informed him that Supreme Court permission was required for cutting the trees.
“I think LG is thinking he is a court,”
-Justice Oka remarked.
The Bench criticized all parties involved, including the LG, for covering up the matter instead of clarifying it before the court.
“LG knows what is the position, Delhi Government and DDA knows it as well. This cover up should not have been done and on the first day only, this should have been told,”
-it observed.
The Court also questioned Senior Advocate Maninder Singh, representing the DDA, for defending the LG’s actions.
“This is a sorry state of affairs as to what is happening. We should have been told the first day only that LG had given directions,”
-it said.
Justice Oka observed that LG Saxena appeared to be concerned about some project delays, which Singh denied.
“If being an advocate of DDA, you are defending LG that means you are not with clean hands,”
-the Court told Singh.
Senior Advocate Mahesh Jethmalani intervened, saying,
“My lords should not jump to the conclusion and make observations against LG.”
The Court asked Jethmalani if he was representing the LG and stated,
“Are you appearing for LG? If there is a need we can issue notice to LG.”
Jethmalani responded,
“If my lords are making observations against LG, then I am appearing.”
In its order, the Court stated that government and DDA officers could inform the top court whether the LG had been told that he could not grant permission for tree felling without a court order. It directed the DDA to explain whether it acted on the LG’s permission or made an independent decision.
![[BREAKING] "LG is Thinking He is a Court": SC Criticizes Delhi LG for Tree Felling Permission](https://i0.wp.com/dtnext-prod.s3.ap-south-1.amazonaws.com/h-upload/2023/09/03/750x450_761894-untitleddesign291.webp?w=820&ssl=1)
The Court also issued a notice to the contractor who carried out the tree felling to disclose whose instructions he followed.
The Court observed that no permission was granted by the Tree Officer for cutting 422 trees and ordered the State to inform about actions against the responsible officers.
“Delhi government must take the blame of illegally granting permission to cut down the 422 trees. Delhi Government must come before this court as to how it will compensate this illegal cutting of trees,”
-it said.
The case arose from the illegal felling of more than hundreds of trees by the DDA, violating earlier Court orders requiring prior permission from the Court for such actions. The Supreme Court initiated a suo motu contempt case against DDA Vice-Chairman Subhasish Panda for this violation.
The Bench also noted that the proposal to cut the trees had been approved by Delhi Chief Minister Arvind Kejriwal without informing him that court permission was required first. The Court remarked that LG’s directions were applied by concerned officers.
“It seems like LG has granted permission to the proposal of felling of trees and DDA must implement it. He has even directed that all cases pertaining to the project be clubbed,”
-the Court observed.
When DDA counsel suggested this was an interpretation, the Court responded,
“You must decide what you are doing, defending LG or appearing for contemnor DDA.”
The Court criticized the Delhi government for its actions, asking,
“Tell me is the government thinking it has power of tree officer? DDA says that for felling of trees the exemption was granted by you,”
-and questioned whether the Delhi government would withdraw the permission for tree felling.
“So you have to withdraw this notification? Ask your officer? Nobody is ready to save environment. All are here against this,”
-the Court observed.
Sondhi later informed the Court that the government would withdraw the notification of permission for cutting 422 trees and asked what compensation the State would provide.
When Sondhi proposed planting 100 trees for each tree cut, the Court demanded more.
“What else? Your officer has defended this notification in the affidavit. You also show us what prevented you to condition your order of ridge forest area subject to Supreme Court’s permission.”
The Court insisted the government devise a scheme to compensate the environment, which Sondhi agreed to.
The Court was informed that the cut trees were seized but questioned if there was an inquiry into the species of trees felled. It was stated that most of the trees were Kikar.
The matter will be heard again on July 31st.
Click Here to Read Previous Reports on Delhi LG VK Saxena
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