Tree Officer Can't Permit Tree Felling Merely Because They Obstruct Building Entrance: Delhi High Court Holds Two Officials Guilty Of Contempt
The Delhi High Court has held two government officials guilty of contempt for violating its earlier directions requiring Tree Officers to record reasons and apply their mind before granting permission for felling or transplantation of trees. [2026 LiveLaw (Del) 726]
Justice Jasmeet Singh held that a Tree Officer cannot permit felling or transplantation of trees merely because they obstruct the entrance of a proposed building, observing that such an approach would eventually leave the city devoid of trees.
“If permissions are granted for felling/ transplantation of tress (sic) for construction of buildings and because the trees come in front of the main in and out entry of a particular plot, we will soon come to a situation where there will be no trees left in the colony as most of the trees are planted on the pavements outside the boundary walls of the premises,” the judge observed.
The Court found Tree Officer Mandeep Mittal and Principal Chief Conservator of Forests C.D. Singh guilty of contempt for disobeying its orders dated April 28, 2022 and May 19, 2022, which mandated that Tree Officers inspect trees proposed to be felled, consider the possibility of transplantation, and record reasons along with photographs while granting or refusing permission.
The contempt petition was filed alleging that two fully grown trees in Greater Kailash-II were cut pursuant to a permission granted for transplantation without recording any reasons or methodology.
Examining the permission dated February 28, 2023, the Court noted that the only reason cited was that the trees were located in front of the proposed main entry and exit of the building.
"A perusal of the permission... shows no reason for grant of permission or photographs of each tree... The permission has been granted... for enabling construction of property... as the trees are coming in front of the main in and out entry of the building proposed to be built. Admittedly, the trees are not within the boundary wall of the premises and were on the pavement. To my mind, these cannot ever be good enough reasons... to grant permission," the Court observed.
The Court has now directed both the officials to show cause why they should not be punished for contempt.
The matter is listed on September 2.
Appearance: Mr. Aditya N Prasad and Mr Pratyush Jain Advs. for Petitioner; Mr. Ashish K Dixit CGSC with Mr Umar Hashmi Adv Mr Ayush Kumar Adv Ms Iqra Shiekh Advs Ms. Vaishali Gupta, PC (Civil) GNCTD Mr. Sumit K Batra, Ms Priyanka Jindal, Advs. for Respondents
Case title: Harsh Vardhan v. Mandeep Mittal & Anr
Citation: 2026 LiveLaw (Del) 726
Case no.: CONT.CAS(C) 387/2023