‘Superficial exercise’: Delhi HC rebukes forest dept for permitting tree felling

NEW DELHI: The Delhi high court on Monday rebuked the city government officials for adopting a casual approach while granting permission to cut down trees, saying the forest department officials took the decision on the basis of a “superficial exercise”.

“The tree officer is not taking an informed decision. We are all aggrieved. Residents of Delhi are aggrieved. This is not acceptable. You (Delhi government forest department) need to inspire some confidence. What is troubling me is that it is a very superficial exercise,” justice Jasmeet Singh told the Delhi government on Monday.

The bench was hearing a contempt plea filed by climate activist Bhavreen Kandhari, complaining that the tree officer has failed to comply with the high court’s April 2022 direction that required officials dealing with requests to cut trees to pass speaking orders, which provide reasons for the decision.

Justice Singh added: “Development has to coexist with nature. There is very little respect shown by your officer while granting permission. This has been happening for the last three years. You are not even understanding the drift of the court”.

The high court also issued notice on an application by the deputy conservator of forest (DCF) (south) that sought clarification on the high court’s August 31, 2023 order. In this verdict, the high court directed the government to not grant permission for cutting trees to individuals and inform the court about the permission granted for felling trees regarding important projects.

The DCF said it was receiving applications for transplantation of trees or tree felling from different government authorities for time-bound important projects but the forest department was not issuing permissions which had halted the construction and progress of the projects.

The matter will be next heard on November 8, 2023.

To be sure, the high court on September 14, also directed tree officers to not grant permission for felling trees to construct houses.

Lawyer Aditya Prasad, appearing for activist Bhavreen Kandhari, submitted that the permission for cutting trees was being granted on flimsy grounds and said that 44,000 trees had been cut in the capital.

The high court’s stinging remarks on Monday come days after the same bench castigated government officials on November 3 for recklessly allowing felling of trees without giving reasons for its approval.

“You (Delhi government) are responsible for the mess citizens of Delhi are in today. Because of the pollution. In Anand Vihar there is this machine. The max is 999 & it doesn’t record beyond that and it is touching 999. You (Delhi government) want people to live in gas chambers? It’s only application of mind and it is only sensitivity that is lacking,” justice Singh told the Delhi government layer.

In another case last week, the high court told the forest department to take responsibility for the pollution levels. “You (forest department) are responsible for the quality of air we breathe. It is your obligation to ensure that the air quality index (AQI) comes down. Every kid is having breathing problems. In December- January, people have to travel out when it is the best time to be here,” justice Singh said.