HC asks Delhi officials why contempt proceeding shouldn’t be initiated for laxity in saving trees

PTI, Mar 6, 2022, 5:40 PM IST

The Delhi High Court has sought response from several city officials on why contempt proceedings should not be initiated against them for dereliction of duty in protecting and preserving trees.

Asserting that damage to trees cannot be condoned, Justice Najmi Waziri issued notice to several authorities including officials of the Public Works Department (PWD), forest department, BSES RPL and the Delhi Police.

Seeking their presence on the next date of hearing, on March 14, Justice Waziri said despite judicial orders, ”somehow the disposition of some authorities and agencies appear to be callous towards compliance”.

The judge emphasised that harming trees and causing a setback to the green ambience which leads to eventual damage to the environment cannot be overlooked and the citizens have a right to retain and care for their ambient neighbourhood in accordance with the law.

The court took on record several photographs of a Chittaranjan Park pavement which was dug up for civil work.

It noted that ”the digging distance from the tree trunk is less than one metre, the tree roots have been cut/damaged, the orders of this court and that of the National Green Tribunal have been deliberately breached”.

The court also noted that ”prima facie contempt of court has been committed by the respondents”.

”Despite numerous orders passed by this court apropos the protection of trees and sensitising officers apropos the same, there is less than caring attitude by the officials entrusted for protecting the environment.

”The constant breach of this court’s orders not only constitutes contempt of court but the same is also in violation of the provisions of the Delhi Preservation of Trees Act, 1994 and constitutes as an offence under the said act,” the court said in its recent order.

Aditya N Prasad, the lawyer of the petitioner, New Delhi Nature Society, said no remedial measures were initiated at the site by any agency and the abandonment of and damage to trees is evident from the photographs.

The court said, ”The PWD should have stopped the work immediately, the Tree Officer should have initiated action against them. The local police has also not taken any action… prima facie the court is of the view that the respondents have committed contempt of court. There is also evident dereliction of their official duty.” ”Accordingly, issue notice to the respondents to show cause why contempt proceedings be not initiated against them under sections 2(b), 10 and 12 of the Contempt of Court Act, 1971… All the respondents shall remain present in the court on the next date,” it ordered.

The court made the Principal Chief Conservator of Forests a party to the proceeding, sought his response and asked him to look into the matter.

”The damage done to the trees by the respondents cannot be condoned. A system has to be put in place; the citizens of Delhi should not suffer because of such callous disregard of rules, regulations, courts orders and the urgent need to protect the environment,” it said. The High Court also noticed that not only had the construction on the pavement reduced the space for manoeuvring for a wheelchair on the footpath in violation of the Rights of Persons with Disabilities Act, 2016, concrete ramps were also built by people for their vehicles which was impermissible.

It directed maintenance of the status quo at the site and asked the PWD’s engineer-in-chief to set right the anomalies and initiate an inquiry against the erring persons.

The court further said the photographs showed that there is no barricade to protect motorists and road users from the building material and debris stacked on the road and the footpath which was a clear public hazard virtually inviting an accident.