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Synopsis

The Delhi High Court on Monday stated that Delhi cannot afford to lose 77,000 trees in 3 years or three trees every hour and sought a response from the forest department regarding environmental concerns.

Advocate Aditya N Prasad appearing for the petitioner in a contempt case alleged “tree victimization” and contended that the data indicates that "three trees were cut every hour for the past three years".

Prasad further contended that if other data, such as the number of trees cut illegally or under forest clearance, was obtained, the figure would be much higher.

According to official data, a total of 47,474 trees were allowed to be transplanted or cut between 2019 and 2021 to make way for various official projects or constructions in the national capital after the Delhi government granted exemptions under the Delhi Preservation of Trees Act (DPTA), 1994.

“These figures are only for the trees which were allowed to be felled under Section 29 of the DPTA, which allowed the government to exempt any area or species of trees from all or any of the Act's provisions in the public interest”, Prasad stated.

If the instances of illegal tree felling, trees cut down for forest clearance, unnoticed felling of trees, and those lost in storms, etc., that are not accounted for in the affidavit are taken into account, the figures could be twice or four times the current figure, the court noted.

Court ordered the forest department to file an affidavit regarding the missing data, as well as respond to the submission about three trees being cut down every hour in Delhi with official permission.

Court also expressed concerns on the issue of transplantation of trees to certain areas in the national capital, emphasizing the need for the government departments to do their work diligently, “This city is not beholden to you”, the court stated.

Furthermore, Court directed the Deputy Commissioner of Police, Delhi to investigate the situation and find a suitable solution and requested that police officers be made more aware of the situation.

On June 3, the court held some PWD officials and a Delhi Police official guilty of contempt of court for violation of judicial orders concerning the preservation and protection of trees.

Earlier this year, the court had expressed concerns over the cutting down of fully grown trees in the city, and on May 19 the court ordered a stay on further felling of trees.

Case Title: Neeraj Sharma v. Vinay Sheel Saxena & Ors. and New Delhi Nature Society v. Shri Vinay Sheel Saxena & Ors.