Delhi High Court greenlights Supreme Court's 'ordinary litigant' plea for transplantation of 26 trees

A few weeks back, we reported on the Supreme Court — the highest authority in the country, turning an "ordinary litigant" in front of the Delhi High Court. The reason? A unique request tying in the expansion of the Supreme Court complex with the transplantation of the 26 trees standing in its way. A plan to expand the Supreme Court complex stood temporarily held up owing to the said 26 trees, which as per the law needed to be transplanted to a separate location, as cutting them sans permission is deemed illegal via multiple acts. While the decision to transplant these trees could very well have been taken internally by the SC, the highest court in the country turning a litigant, that too for a green initiative, was a rather wholesome way to demonstrate the efficiency of India's judicial machinery.

As per the latest development, the Delhi High Court has granted permission for the transplantation of the 26 trees. The Hon'ble High Court's decision, delivered by Hon'ble Mr. Justice Jasmeet Singh, allowed for 16 trees to be moved and transplanted along the periphery of the garden between gate A and B, and 10 trees near the corner of the Administrative Buildings Complex, adjacent to Gate No. 1. The expansion project in question, aims to create additional courtrooms, including a Constitutional Court, chambers for judges, and improved facilities for lawyers and litigants.

Advocate Sudhir Mishra, had represented the applicant — the Supreme Court Project Division – 1, Central Public Works Department (CPWD) — assisted by Ms. Petal Chandhok. Speaking to Sonal Kalra, Chief Managing Editor, Entertainment and Lifestyle, Hindustan Times, he commented, "Supreme Court expansion project is one of the most energy efficient, sustainable reconstruction attempted in the capital city for many years".

Mr. Mishra has also informed the court that the compensatory tree plantation has been completed with 260 trees having been planted at Sunder Nursery. The Hon’ble Court also further held that the Tree Officer's initial order regarding the tree transplantation was deemed not to be a 'speaking order' and accordingly the Tree Officer has been directed to pass a fresh speaking order within two weeks, adhering to the spirit of the Delhi Preservation of Trees Act (DPTA) and a previous court order.

The main case titled CONT. CAS. (C) 1149/2022, titled Bhavreen Kandhari Vs. Sh. C. D. Singh & Ors, is still pending final adjudication before the Delhi High Court.