Delhi HC Closes PIL Against Delhi Tree Authority's Functioning, Says It's For The Authority To Decide If Saplings Should Be Provided To All

A Division Bench of the Delhi High Court recently closed a Public Interest Litigation (“PIL”) relating to functioning of the Delhi Tree Authority, noting that a Single Judge Bench of the court was already in seisin of the matter. The PIL was filed seeking inter-alia a direction to the respondents to perform their duties in a time-bound manner, inasmuch as under Section 4 of the Delhi Preservation of Trees Act, 1994, the Delhi Tree Authority must hold a meeting once every 3 months. The petitioners had also prayed that a plan be prepared by the respondents for enforceability of Article 48A of Constitution. The respondents' counsel informed the court that the Delhi Tree Authority was functional and its functionality was being duly monitored by the Single Judge Bench in Neeraj Sharma v. Union of India & Ors. The Bench hearing the PIL, comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna, referred to the Single Judge's order where a specific note was taken of the allegation that till 2021, the Delhi Tree Authority should have met 104 times, but in fact, it met only 8 times. Insofar as the petitioners had suggested that the Delhi Tree Authority should provide saplings/plants to every individual to plant on their property and manage/monitor the trees planted by them, the court opined that the Delhi Tree Authority should consider the same and take a decision. Notably, the petition in Neeraj Sharma (Supra) was filed stating that despite being a statutory authority for preservation and maintenance of all trees, the Delhi Tree Authority had almost become defunct. During the proceedings, it was conceded by Member Secretary of the Authority that there was a lack of infrastructure and secretarial services. However, 67 Forest Guards had finished training and were going to be absorbed. In July this year, Justice Jasmeet Singh had ordered the State authorities to ensure that the Authority started functioning within four weeks and hold its first meeting by August 31, 2023. On November 29, 2023, Justice Singh asked the Delhi Government and other civic authorities to file a status report on "deemed forests" existing as on date in the capital and the action taken on depletion of such forests. Petitioners appeared in person ASC Anupam Srivastava appeared for GNCTD with Advocates Dhairya Gupta and Vasuh Misra Advocate Rupesh Kumar appeared for respondent No.4 Case Title: Rahul Bhardwaj and Anr v. The Govt of National Capital Territory of Delhi and Anr, W.P.(C) 14940/2023Citation: 2023 LiveLaw (Del) 1199Click here to read/download order

Delhi HC Closes PIL Against Delhi Tree Authority's Functioning, Says It's For The Authority To Decide If Saplings Should Be Provided To All

Debby Jain

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