No Pruning Of Trees Till Forest Department Has SOP On Compliance Under DPTA: Delhi High Court

The Delhi High Court has directed all the Deputy Conservator of Forests (DCFs) to ensure that no pruning of trees is undertaken till the Department of Forest and Wildlife has guidelines or SOP to ensure that the exercise is done and monitored in accordance with the provisions of Delhi Preservation of Trees Act.Justice Jasmeet Singh said that in case pruning is to be undertaken, the Department of Forest shall ensure an eligible and responsible person is present to supervise the same.The court was dealing with a contempt plea arguing that the officials failed to follow the directions issued by court requiring the Tree Officers to spell out reasons for permitting the felling of trees. The contempt plea was filed in connection with the orders passed by the court in a matter concerning preservation of trees in the national capital.Advocate Aditya N Prasad appearing for the petitioner, Bhavreen Kandhari, apprised the Court about the permissions granted by DCF, South Forest Division for light and heavy pruning of trees. The Court observed that there was a prima-facie contravention of provisions of DPTA, contravention of judicial orders and an overall unsatisfactory state of affairs. “It seems that the Deputy Conservator of Forest, South Forest Division is not aware of the statutory duty and responsibility cast upon the Department of Forest and Wildlife,” the Court said. It added: “This court has time and time again reminded the DCF of their role of preservation of trees, which is the primary objective behind the statute and that permission for felling, cutting, removing or disposing of a tree under section 9 of the DPTA cannot be passed in a causal and cavalier manner. Rather, Section 9 of the DPTA in itself restricts such permission to be given only in exceptional circumstances and only after due inspection of the trees concerned.”Justice Singh issued a show cause notice to the Deputy Conservator of Forest, South Forest Division as to how blanket permissions for pruning of trees were given without due inspection or reasons in contravention to the provisions of DPTA.“This court has repeatedly passed directions to prevent incessant and mindless felling of trees in Delhi, however, the Department has continued to display a lack of sensitivity towards the same,” the Court said. It further directed the Forest Department to file an affidavit indicating the forest land in Delhi and the extent of illegal and unauthorized encroachments on the same.The matter will now be heard on January 10, 2025. Last year, the court had passed an order saying that no permission shall be granted to anyone by the city authorities for felling of trees for construction of houses in the national capital.Later, the court had directed Delhi's Principal Chief Conservator of Forests to ensure that the orders permitting the tree felling, under Delhi Preservation Of Trees Act, 1994, are uploaded within a period of 48 hours on the official website.Title: BHAVREEN KANDHARI v. SHRI C. D. SINGH AND ORS.Citation: 2024 LiveLaw (Del) 1355Click here to read order

No Pruning Of Trees Till Forest Department Has SOP On Compliance Under DPTA: Delhi High Court

Nupur Thapliyal

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