Tree felling in Delhi Ridge: SC notice to officials in contempt case

The petition pointed out that the work was undertaken without permission of the court as required by the judgment in the MC Mehta case of May 1996

The Supreme Court on Thursday summoned the Delhi Development Authority (DDA) vice chairperson and other senior officials in a contempt case involving the violation of court orders concerning the Ridge, and stayed further felling of trees at Buddha Jayanti Park in central Ridge and Satbari in southern Ridge till the hearing in the case on May 14.

With rapid urbanisation, the judgment noted that some parts of the Ridge have been erased in the central Delhi area. (HT File)

A bench headed by justice AS Oka passed the order while hearing contempt petitions filed by Bindu Kapurea and the NGO, New Delhi Nature Society. Issuing notice on the two pleas, the bench, also comprising justice Ujjal Bhuyan, said, “If we are satisfied contempt is made out, we may call for replanting of the trees.”

The petition by Kapurea objected to massive felling of trees in the Satbari area for the construction of a 10km road from Chattarpur to SAARC University and other establishments at Maidan Garhi and Satbari areas. The petition pointed out that the work was undertaken without permission of the court as required by the judgment in the MC Mehta case of May 1996 — that protects the Ridge against encroachments — and named DDA vice chairperson Subhashish Panda as contemnor.

The May 1996 judgment referred to the provisions of the Delhi Master Plan that stressed the need to maintain the ecological balance in the city, having the Ridge and the Yamuna as two distinct natural features. With rapid urbanisation, the judgment noted that some parts of the Ridge have been erased in the central Delhi area, and said, “No further infringement of the ridge is to be permitted... The provisions of the Master Plan make it mandatory that the ridge is to be kept free from encroachers and its pristine glory must be maintained for all times.”

A DDA spokesperson did not respond to requests for comment.

The second petition, filed by the NGO, referred to massive construction at Buddha Jayanti Park, falling under the management of the Central Public Works Department (CPWD). Attaching pictures of pits being dug and several trees uprooted, the petition named the CPWD director general, Forests director general, and the Delhi principal chief conservator of forests as contemnors.

The order passed by the bench said, “We direct that the respondents shall remain personally present in court on the next date of hearing.” Placing the matter for hearing on May 14, the order further stated, “We direct that the respondents shall not indulge in any further tree felling and status quo as of today shall be maintained in respect of the property, subject matter of these contempt petitions.”

Appearing for the two petitioners, senior advocate Mukul Rohatgi told the court that any felling of trees in the Ridge requires prior permission from the court, which was not taken in the two cases. He even raised questions on the functioning of the Ridge Management Board that has to oversee the protection of the Ridge.

“Rightly this board is called Ridge Destruction Board as it is giving permission to cut trees. This is the only green lung left in Delhi apart from Lodhi Garden. If you keep cutting just for widening road, what will remain?”

In the Satbari matter, the petition referred to an application moved by DDA in February seeking permission to fell 1,051 trees, that was rejected by the top court on March 4. Referring to that order, the petition by Kapurea said, “It appears that the DDA did not inform this court during the hearing on March 4 about the ground reality that the area had already been decimated. It is apparent that the DDA did not wait for the adjudication of the aforesaid applications and without seeking permission of this court, went ahead to clear the ridge reserved forest and trees on non-forest land for construction of the road.”