Review all pleas for chopping 50+ trees in Delhi: Top court to CEC

A bench comprising justices Abhay S Oka and AG Masih delivered the ruling after scrutinising the lapses in enforcing the provisions of the 1994 Act, which it said is meant to preserve trees rather than permit their indiscriminate felling

The Supreme Court on Thursday appointed the Central Empowered Committee (CEC) as the supervisory authority to review all applications for felling 50 or more trees in Delhi, recognising the critical need to preserve the city’s dwindling green cover and lamenting the failure of tree authorities to implement the Delhi Preservation of Trees Act, 1994 (DPTA) effectively.

The top court also ordered a comprehensive tree census in Delhi, with assistance from the Forest Research Institute (FRI) and a panel of experts, to ascertain the extent of tree loss in the city. (FILE)

The top court also ordered a comprehensive tree census in Delhi, with assistance from the Forest Research Institute (FRI) and a panel of experts, to ascertain the extent of tree loss in the city.

A bench comprising justices Abhay S Oka and AG Masih delivered the ruling after scrutinising the lapses in enforcing the provisions of the 1994 Act, which it said is meant to preserve trees rather than permit their indiscriminate felling.

Observing that the Act had been misused, the bench emphasised that the state’s duty to protect natural resources stems from its constitutional obligations. “The object of the Act is to preserve the trees and not to permit their cutting or felling. Permission to fell trees must be granted only in exceptional circumstances and cannot become a routine practice,” it held.

The court acknowledged that while permissions to fell trees are governed under sections 8 and 9 of the DPTA, these provisions were not being implemented with the seriousness they require.

“Considering the limited infrastructure available to tree officers and the manner in which the provisions have been implemented so far, it is necessary that the work of granting permissions is vetted by an expert body,” noted the bench. Accordingly, CEC – a statutory expert body that assists the top court on environmental matters – was directed to oversee all permissions granted by tree officers for the felling of 50 or more trees.

The bench further made it clear that tree officers must forward their decisions, along with the complete application records, to CEC immediately after granting any permission. CEC, in turn, has been empowered to reject the application, partially allow it or impose modifications and additional conditions to protect Delhi’s environment.

Until CEC approves an application, the court directed, no trees may be felled. This condition was underscored to ensure that compensatory afforestation is not just promised on paper but implemented in practice. “Unless compliance is made with the requirement of planting trees by way of compensatory afforestation, the actual work of felling trees shall not be undertaken,” the order added.

The court expressed dissatisfaction with the lack of effort in protecting Delhi’s green cover, stating that the authorities tasked with implementing the DPTA had failed in their duties. Referring to the failure of tree officers, the bench said: “The basic role of the tree officer is to preserve trees. Permissions to cut trees should only be granted in exceptional circumstances. Tree officers cannot issue orders mechanically without visiting the affected area or evaluating the application in detail.”

It directed that tree officers must adhere to their statutory duties, visit affected areas and carefully assess applications for felling trees. It further instructed them to explore alternatives to pruning or cutting trees and to ensure that compensatory afforestation is scientifically planned, with attention to the type of trees being planted.

‘Tree census most vital step’

The court also took note of systemic shortcomings in enforcing the Act, including the absence of a comprehensive tree census. Despite the Act being in force since 1994, a tree census has never been conducted in Delhi.

Stressing the importance of data for meaningful conservation efforts, the bench directed the Tree Authority to immediately undertake a tree census. For this purpose, the court-appointed experts, including Ishwar Singh, Sunil Limaye, and environmentalist Pradeep Kishen, to oversee the census in collaboration with the Forest Research Institute (FRI). The court directed that the process be completed and a detailed report be filed by February 10, 2025.

“Unless there is accurate data, it would not be possible to ascertain the extent of tree loss or implement the provisions of the Act effectively. A tree census is the most vital step in understanding the state of Delhi’s green cover,” said the bench.

Highlighting the larger ecological impact, the court ordered authorities to ensure the census is thorough and involves all stakeholders, including property owners who must declare the number of trees on their premises.

During a previous hearing on Wednesday, data submitted to the court revealed that over 12,000 trees were felled in Delhi between January 2021 and August 2023, averaging more than 12 trees per day. Notably, the tree authority, established under the DPTA, had met only twice since its formation, drawing sharp criticism for its ineffectiveness.

The court’s intervention came after an application by environmentalist Bhavreen Kandhari, who highlighted large-scale deforestation and sought stricter oversight of permissions granted by tree officers. The court indicated it plans to replicate this mechanism in other states with similar tree preservation laws, including Maharashtra and Uttar Pradesh, to ensure uniformity in environmental conservation efforts.