Was not aware of need for court nod to cut trees in forest area, Delhi LG tells SC

Delhi Lieutenant Governor VK Saxena has told the Supreme Court he did not know that the court’s permission was needed to carry out large-scale tree cutting in the Delhi Ridge forest area, Bar and Bench reported on Wednesday.

The case pertains to the illegal felling of more than 420 trees by Delhi Development Authority in alleged violation of the Supreme Court’s previous orders that mandated prior permission before trees are cut.

Saxena, who is also the chairperson of the Delhi Development Authority, said he was “not aware, nor made aware, of the fact that further permission” from the court was needed to fell the trees when he visited the site on February 3.

The lieutenant governor acknowledged that in February, when he visited the site of a road widening project to ease access to the Central Armed Police Forces Institute of Medical Sciences in the Delhi Ridge area, he had been informed that the permission for felling trees was awaited from the “competent authority”.

Saxena said that he had called for the communication of such approval to be expedited, but did not realise that the permission of the court was also required, Bar and Bench reported citing his affidavit.

An estimated 1,100 trees were felled to widen the approach road to the Central Armed Police Forces Institute of Medical Sciences being constructed.

Saxena said he had found out in March that the Supreme Court’s permission was required in the matter, by which time the trees were already being cleared.

Last week, the Supreme Court sought an affidavit from Saxena in connection with the case.

“The unfortunate event of felling of the trees on account of certain acts of mission and commission on the part of the DDA, without permission of this Hon’ble Court is deeply regretted,” the affidavit said, adding that the felling of trees was essential for the road widening project, in which Rs 2,200 crores of public funds are invested.

Saxena also claimed that the actual number of trees felled was not 1,100 as told to the court earlier, but approximately 642.

Saxena also said that a February 14 notification from the Delhi government granting approval for the work under the Delhi Preservation of Trees Act, 1994, may have been misinterpreted by field officers as the green light for the felling.

A departmental inquiry has been initiated against officials of the Delhi Development Authority and a criminal complaint has been lodged against those responsible.

He also urged the court to drop contempt proceedings against Delhi Development Authority Vice Chairman Subhasish Panda, who was undergoing medical treatment when the felling occurred.

The affidavit also mentioned that compensatory afforestation efforts are underway, with 170 trees and 4,000 shrubs already planted and additional planting scheduled in the coming days.

The Delhi Development Authority has committed to planting 100 trees for each tree cut, Saxena said.

In May, the Supreme Court initiated a contempt case against Panda for allowing the tree felling without the court’s approval. The Delhi Development Authority had previously filed an application seeking permission, but had gone ahead with the felling without the court order, the Hindustan Times reported.

In July, The bench had criticised the Delhi government for exercising its “non-existent powers” by issuing a notification in February that allowed the Delhi Development Authority to fell the trees.

The court had also criticised the lieutenant governor, The Hindu reported.

“There is complete non-application of mind by LG…I think L-G thinks he is a court,” Oka had told lawyers representing the Delhi Development Authority and the government of the national capital. “Did any officer inform the LG that no tree in the ridge area can be cut without the sanction of the Supreme Court? Did you inform the LG that permission is not given by the Delhi government but the Tree Authority? This is a very sorry state of affairs.”