Delhi HC blames forest dept for mess that Capital is in because of pollution

The Delhi high court on Friday pulled up the forest department for recklessly allowing the felling of trees without specifying reasons for granting permissions for it while holding it responsible “for the mess that the Capital is in because of pollution”.

“You are responsible for the mess citizens of Delhi are in today because of the pollution...Do you want people to live in gas chambers? It is only application of mind and it is only sensitivity that is lacking,” said Justice Jasmeet Singh while considering a contempt plea over the permission granted for felling trees without specifying reasons.

The comments came a day after the pollution levels tipped into the severe category for the first time this season. The average Air Quality Index of Delhi was 475 at 11am, worse than it was at its peak last year (450) and 2022 (471).

Climate activist Bhavreen Kandhari filed the contempt plea saying the court’s April 2022 directions mandating specifying reasons for felling tree was being violated. The court on September 14 directed officers against granting permission for the felling of trees for constructing houses.

Justice Singh said the officers were entrusted with the “onerous responsibility” of preserving trees but they were blatantly violating the court’s orders. “...we are trying to sensitize you...you are not understanding. This is a dereliction of duty. Cutting corners; total disregard of court orders. What is troubling here is the causal approach. ...you have to understand the onerous responsibility approach and you will ensure that this is not a casual issue... Look at how things are going today. It is a shocker. You are the people in whom everyone reposes faith,” Justice Singh said.

He called for maintaining a balance between development and nature while asking the authorities to find an alternative for proceeding ahead with development projects while preserving trees. “Development must coexist with nature and heritage. We are not coming in your way of development. If there is a traffic jam, you will have to widen the roads. It cannot be that you will cut 50 trees around it. If there is no other way, then you should not go ahead no. Trees cannot be removed. You have to find a way. How can colonies be treeless? None is coming in your way of development. Development is a part of moving society. You cannot be reckless.”

Advocate Anupam Srivastava, who appeared for the Delhi government, suggested the court dispose of the contempt plea and lay down the manner in which the officers should grant permission for felling trees. “They only write the final line that the permission is granted. Suo moto action may be taken wherein we get a chance to express our difficulties. We have difficulties in implementing the [Delhi Preservation Of] Trees Act. In contempt, there is always a hanging sword,” Srivastava said.