Delhi High Court Issues Comprehensive Directions to Enforce Tree Felling SOP

The Delhi High Court has recently issued a slew of directions to ensure that the Standard Operating Procedure (SOP) for tree felling and transplantation is implemented effectively to achieve its intended objective.

In a detailed 17-page order, Justice Jasmeet Singh affirmed that ecological protection is part of the right to life under Article 21 of the Constitution.

"This Court is dealing with the rights of the citizens of Delhi and the rights protected under Article 21 of the Constitution of India to live in a clean and pollution free environment. Hence, this Court is not considering a policy decision of the respondent, but only an SOP made pursuant to the directions passed by this Court," the court added.

The directions were passed in a contempt petition alleging non-compliance with various court orders on the preservation of trees, particularly the Delhi High Court order dated April 28, 2022.

Previously, the court had noted that trees were being felled at an alarming rate in Delhi — sometimes as frequently as one per hour.

Taking note of the submissions, the court at the outset directed that the Deputy Conservator of Forests (DCF) or Tree Officer must be involved from the very planning stage of any project that involves tree felling.

“Additionally, the compensatory plantation shall ensure that the trees which are to be planted are not less than 6 feet in height, have a nursery life of 5 years, and a collar girth of not less than 10 cm,” it directed.

The court said the applicant seeking felling of trees would file an affidavit, undertaking to take care of the compensatory planted trees for five years, including watering, maintenance and general upkeep.

Furthermore, the court directed that any applicant seeking permission to fell trees will be required to file an affidavit before the court, undertaking to maintain the compensatorily planted trees for a period of five years, including watering, maintenance, and general upkeep.They will also be required to submit quarterly reports.

The court added that the trees proposed to be transplanted should not be heavily pruned.

Importantly, the court stated that authorities, while evaluating any application for tree felling, must also consider:

a) The number of applications made by the proponent for a particular project and the overall environmental footprint of the project, not just the specific site in question;

b) Availability of alternative site(s);

c) Overall impact on the neighborhood’s green cover;

d) Age of the trees and the ecosystem they support; and

e) Possibility of the tree(s) surviving transplantation.

In conclusion, the court held, "Needless to say, the SOP shall function in accordance with the Delhi Preservation of Trees Act (DPTA), including Section 7(d)."

Case Title: Bhavreen Kandhari v. Shri C. D. Singh & Ors

Read order here: