SC refuses nod for Ridge tree felling, says DDA must first plant 167K saplings

The direction came as the court heard an application filed by the DDA seeking permission to fell an additional 473 trees for further widening a road in Chhatarpur leading to the Central Armed Police Forces Institute of Medical Sciences (CAPFIMS).

The Supreme Court on Monday told the Delhi Development Authority (DDA) that no tree felling would be permitted in the Delhi Ridge unless it fully complied with its earlier order directing the plantation of 1.67 lakh (167,000) saplings across the city.

The matter was posted to January 19 (HT)

The direction came as the court heard an application filed by the DDA seeking permission to fell an additional 473 trees for further widening a road in Chhatarpur leading to the Central Armed Police Forces Institute of Medical Sciences (CAPFIMS).

A bench headed by Chief Justice of India Surya Kant said the court would not allow any fresh tree cutting unless it was satisfied that its earlier directions on afforestation had been implemented. “We will not allow anything to happen unless we are satisfied that our directions have been complied with,” the bench said.

In May last year, the Supreme Court had directed the DDA to plant 167,000 saplings as compensation for trees illegally felled for a road expansion project in Chhatarpur.

Referring to that order, the bench asked the DDA to provide details on the status of plantation, the survival rate of saplings already planted, and comprehensive information on the species proposed to be planted across 18 land parcels identified for afforestation.

Solicitor general Tushar Mehta, appearing for the DDA along with senior advocate Maninder Singh, said the existing 14-metre-wide road needed to be widened to ensure smooth movement of ambulances and vehicles carrying medical supplies to the hospital. Mehta told the court that a detailed response on the afforestation status would be filed after taking instructions.

Posting the matter to January 19, the bench, which also comprised justice Joymalya Bagchi, said it required complete information on the work being carried out at all 18 afforestation sites. “The requirement of the hospital has already been considered by us in our (earlier) judgment. At the same time, our other directions are of equal importance,” the court said.

Singh told the court that the afforestation exercise would be completed by February 28 and that 185 acres of land across 18 pockets had already been handed over, with fencing work currently underway.

The bench, however, sought greater clarity, asking the DDA to submit site-wise details and photographs. “How many saplings have been planted and at which site? You must produce the photographs,” it said.

As per the May 28 order, the first compliance report was filed jointly by the DDA and the Delhi forest department on January 1. The report, submitted through advocate Mudit Gupta, stated that plantation would begin in March and be completed by the end of that month.

The court expressed dissatisfaction, observing that plantation activity should have already commenced. “You cannot plant one lakh saplings in one month. Digging has to be done in advance depending on the species and soil type,” the bench said, remarking in a lighter vein that it did not want the 18 land parcels to become “AI-generated forests”.

The DDA informed the court that the plantation exercise is being supervised by a three-member expert committee comprising former Indian Forest Service officer Ishwar Singh, former principal chief conservator of forests Sunil Limaye and environmentalist Pradip Kishen, who have inspected the sites.

The proceedings arose from a contempt petition filed by Delhi resident Bindu Kapurea, who relied on a 1996 Supreme Court judgment in MC Mehta vs Union of India, which mandates prior approval of the apex court for any tree felling in the ecologically sensitive Ridge area, considered Delhi’s green lung.

Kapurea, represented by senior advocate Gopal Sankaranarayanan and advocate Manan Verma, told the court that the expert committee had flagged serious concerns over sapling survival rates and objected to the DDA’s proposal to translocate saplings from their existing location in Chhatarpur.

Senior advocate Guru Krishnakumar, assisting the court as amicus curiae, also expressed his inability to assist effectively, saying he had not been provided the joint report filed by the DDA and the forest department.

In November last year, the court had granted the forest department time till March to carry out the plantation exercise, observing that winter conditions were not suitable for planting. The expert committee had already finalised the list of native species, plantation methodology, survival monitoring mechanisms and post-plantation care, which have been shared with the forest department.

To prevent future violations, the court has mandated that all orders or notifications relating to tree felling, afforestation or construction with ecological implications must explicitly disclose any pending cases before the Supreme Court.