‘Defunct’ bodies: Delhi HC slams forest dept’s tree relocation plea

The Delhi high court on Tuesday strongly criticised the forest department of the Delhi government for seeking an approval to transplant trees for the construction of a new building in within the premises of Central Pollution Control Board (CPCB), at a time when the national capital is in the grips of an extreme air emergency due to severe pollution.

A bench of justice Jasmeet Singh expressed dismay at the timing of the request, and reprimanded the forest department as well as CPCB for failing to address the alarming rise in pollution level, underscoring that they have become a “defunct organisations” and should shut down as they did not have the will to act.

“You (deputy conservator of forest and CPCB) should close your office. You are a defunct organisation. People are not getting out of their houses. You can’t control Delhi (the pollution) and you have time to file this application. What is the reason?” justice Jasmeet Singh asked advocate Mehak Nakra who appeared for the deputy conservator of forest (DCF) (central), expressing concern regarding the worsening air quality.

The bench added, “DCF and CPCB need to shut down. They are doing nothing for Delhi. Where is the will to act? Where are your organisation skills?”

The application, filed by the DCF, sought permission to transplant 26 trees and remove three dry or dead ones to make way for a new building at the CPCB premises Parivesh Bhavan. The request came amid an air emergency in Delhi, where pollution levels have soared to hazardous levels, drawing criticism from various quarters.

The departments faced court’s ire, a day after the Supreme Court censured the Commission for Air Quality Management (CAQM) for Delhi and adjoining areas for delaying the imposition of Graded Response Action Plan (Grap) 3 and 4 curbs.

The application was filed in a contempt plea preferred by climate activist Bhavreen Kandhari alleging failure on the tree officer’s part to comply with the high court’s April 2022 direction of mandating them to pass speaking orders. Notably, the high court on September 14, 2023 had directed tree officers to not grant permission for felling of trees for constructing houses in the city.

During the hearing on Tuesday, advocate Nakra submitted that the permission was needed as 29 trees were coming in the alignment of the project site for the proposed building. She contended that the construction was imperative as the sanctioned staff over the years had increased from 150 to 600 and the number of environmental laboratories from three to five.

Kandhari, represented by advocates Gautam Narayan and Aditya N Prasad, objected to the application contending that it was ironic that DCF which was instead supposed to protect the environment, was seeking permission to transplant trees.

The court also asked DCF’s counsel to file an affidavit providing scientific evidence on whether the trees in question contributed to lowering the Air Quality Index (AQI). The bench said that it would permit the transplantation, in case it was satisfied that the trees did not play any role in lowering the AQI.

“Tell me the literature that if the trees do not contribute to lower the AQI, I will consider and if they do not, then I will not permit. I’ll dismiss it with costs,” justice Singh said to advocate Nakra.