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Synopsis

The Delhi High Court has recently sentenced two PWD officials to simple imprisonment for contempt in view of their "recalcitrance" to follow the law and court order in relation to the conservation of trees in the Chittaranjan Park area.

Justice Najmi Waziri noted that not only did the court earlier direct the authorities to exercise due caution with respect to the well-being of trees while undertaking any civil work but the National Green Tribunal also passed similar directions, including the removal of the concrete surrounding tree trunks.

The single-judge bench opined that there was a consistent disregard for compliance with these orders, which merited a sentence under contempt law and sentenced the executive engineer and the engineer-in-chief of the Public Works Department (PWD) to undergo simple imprisonment for a period of four months and two months, respectively.

“In the circumstances, respondents nos.2 and 3 are hereby sentenced under section 12 of the Contempt of Courts Act, 1971, to undergo simple imprisonment for a period of four months and two months respectively, along with fine of Rs. 2000/- each”, the court ordered.

In the order passed on May 18, the court said, “This sentence shall be kept in abeyance for a period of ten weeks from the date of uploading the order on the court’s website, so as to accord them sufficient opportunity to avail their legal remedies, as may be available to them. Should this order not be altered or stayed, then upon the expiry of the ten weeks, the contemnors shall present themselves before the Registrar General of this court for them to be sent to judicial custody”.

The court was hearing a contempt plea by New Delhi Nature Society, aggrieved by the “extended and egregious instance of victimization of trees, chopping up of roots of healthy trees”, pertaining to construction work of cables and pipes on Bipin Chandra Pal Marg and nearby areas at Chittaranjan Park.

The court noted that status-quo was not maintained at the site and no reply was filed by R-2 and R-3 in terms of the show-cause notice issued to them, observing that there had been a “breach” and “disobedience” of the order dated February 25, 2022, and the orders of the National Green Tribunal (NGT).

The court further noted that in another contempt case on December 3, 2021, wherein it had directed the Public Works Department (PWD), to exercise due caution apropos all its ongoing civil works as well as for all future projects the exercise seemed to not have been done.

However, the court held that the two officials were guilty of contempt of court order dated March 14, 2022. Court observed that the “PWD should have ensured that such damage was prevented. Not doing so, it has been complicit in the damage to the trees”.

“PWD itself has re-laid the pavements and created manholes of 6'x6' radius around 16 trees, as is evident from the photographs. In the circumstances R-2 and R-3, under whose directions and watch the project has been undertaken are held guilty of having committed contempt of court”, the court had said in the March 14, 2022 order.

Case Title: New Delhi Nature Society v. Sh. Rajesh Bansal & Ors.