No Pruning Of Trees Will Be Permitted In Delhi Except In Accordance With Delhi Preservation of Trees Act: Delhi High Court

The Delhi High Court has set aside the Delhi Government’s Guidelines permitting regular pruning of branches of trees with girth upto 15.7 cm without prior permission of the Tree Officer. 

“In view of the above, no pruning of trees will be permitted in Delhi except in accordance with the DPT Act. It will be open to the respondents to frame guidelines and/or rules as may be requisite,” Justice Najmi Waziri said in an order passed on May 29 a copy of which was made available today.

The court on May 10 had stayed the guidelines observing that it would be “creeping legalised genocide of trees.

Justice Waziri said that the only permission that can be granted for pruning is under section 9 of Delhi Preservation of Trees Act, 1994.

The court made the observations while disposing of a plea moved by Prof. Dr. Sanjeev Bagai and various others concerning the issue of validity of the Guidelines issued by Delhi Government’s Department of Forests. Advocate Aditya N. Prasad was appointed as amicus curiae in the case.

Observing that the Delhi Government should evolve a fair procedure to deal with the proposal for felling of trees, including their trimming and pruning, the court questioned the rationale behind the guidelines and asked as to how the figure of 15.7 cms was arrived at by the authorities.

“How did this figure come about? What is the scientific basis for reaching that figure? What is the justification for applying the same thickness of branches to all species of trees in Delhi? Some trees may have slim trunk girth. For such specific species and otherwise too, the entire tree could well be wantonly pruned to reduce to a mere pole-like structure, as has been done to some trees in this case,” the court said.

Justice Waziri added that the Guidelines for Pruning of Trees are an “informal administrative handbook” to assist the Officers of Department of Forests and Wildlife and are not a part of any statute.

“They do not carry a statutory flavour or character. The sole objective of the DPT Act, is preservation of trees. The granting of permission for cutting, girdling, lopping, pollarding, etc. of trees is to be strictly regulated and such permission is not to be granted for the asking. Yet the Guidelines permit cutting/pruning of branches of trees having a girth/circumference upto 15.7 cms,” the court said.

It added: “How can there be justification for such pruning? These are glaring examples of misuse of the generous permission granted under the Guidelines to prune trees/tree branches having a girth upto 15.7 cms.”

Justice Waziri also said that the Guidelines “ride roughshod” over all the concerns put forth by the court and that they grant a general permission for pruning of tree branches having a girth of upto 15.7 cms.

The court further said that the occasion to the Tree Officer to inspect or assess the health of the trees, the necessity or justification for pruning has been sought to be scuttled and taken away by the Guidelines.

“What is the scientific methodology employed to measure that the pruning was done only upto a girth 15.7 cms and not beyond, is not known or specified. Evidently, it is a mere guesswork. An estimation. The Guidelines are not a statutory enactment or an amendment of the statute. They cannot abridge the mandate of the statute. Even a Regulation or Rule, which are creatures of a statute cannot limit, undo or transgress the powers, objective and mandate of the statute itself,” the court observed.

The court concluded that the Guidelines are in conflict with the DPT Act and thus are arbitrary and illegal.

“Consequently, the permission for pruning, presumed to be or granted under the Guidelines would be of no consequence and shall always be non- est. Therefore, the Guidelines permitting regular pruning of branches of trees with girth upto 15.7 cm without specific prior permission of the Tree Officer are hereby set aside,” the court said.

Justice Waziri also directed the Delhi Government to arrange refresher training courses regarding conduct of hearings through hybrid mode, e-filing of petitions, replies etc. for the benefit of Tree Officers, DCF and other Officers of the Forest Department at the Delhi Judicial Academy.

Title: PROF DR SANJEEV BAGAI & ORS. v. DEPARTMENT OF ENVIRONMENT GOVT OF NCT OF DELHI THROUGH ITS PRINCIPAL SECRETARY (ENVIRONMENT AND FOREST) & ORS.

Citation: 2023 LiveLaw (Del) 516

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