Delhi High Court Stays Rule Permitting Pruning Of Tree Branches Of Girth Size Upto 15.7cms Without Reference To Tree Officer

Observing that it would be “creeping legalised genocide of trees”, the Delhi High Court recently stayed a clause which permits regular pruning of tree branches of girth size upto 15.7cms without reference to the Tree Officer. 

“Therefore, to ensure that there is no felling of trees for the asking or of chopping of large branches of trees at will to reduce them to a mere pole-like entity (as noted in the photograph at page 15 supra), clause 5 of the Guidelines shall not be given effect to till the next date [May 24],” Justice Najmi Waziri said in an order passed on May 10, a copy of which was made available only yesterday.

The court observed that prima facie, the clause is incongruous with the statutory requirements as mandated under sections 8 and 9 of the Delhi Preservation of Trees Act, 1994.

“In a way this would be a creeping legalised genocide of trees and Delhi would soon resemble nothing but a mass of concrete. Paragraphs 9 and 10 of the aforesaid guidelines are ex facie incongruent with the provisions of the Delhi Preservation of Trees Act, 1994,” the court said.

Justice Waziri was hearing 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 has been appointed as amicus curiae in the case.

“In case there is an exigency for cutting down trees for large public projects or if it is absolutely necessary to cut down trees on a private entity’s application, it will require the Tree Officer to personally inspect the site, assess the situation, apply his mind and if required, permit the cutting of a tree but only after having first exhausted all possibility of saving the tree and ensuring its transplantation, along with compensatory afforestation,” the court observed.

Referring to the Delhi Preservation of Trees Act, the court said that the guidelines are only a handbook for the authorities and people to comply with law and they cannot dilute the strict mandate of the statute.

“In view of the preceding discussion, Clause 5 which permits the regular pruning tending of branches of girth size upto 15.7cms without reference to the Tree Officer, does not find any approval in the Act. Prima facie this part of the Guidelines is incongruous with the statutory requirements, as mandated in sections 8 and 9 of the Delhi Preservation of Trees Act, 1994,” the court said.

The matter will be heard today.

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) 436

Click Here To Read Order