"Citizens Should Not Suffer Due To Callous Disregard Of Environment Protection Rules": Delhi HC Expresses Dismay Over Victimization Of Trees

The Delhi High Court on Friday expressed its dismay over the issue of victimization of trees in city's Chittaranjan Park area, while observing that the citizens of the city should not suffer due to the callous disregard of rules and orders by authorities, which are put in place in order to protect the environment.Justice Najmir Waziri was dealing with a contempt petition raising the issue of laying down of pipelines or cable lines being undertaken by BSES Rajhdhani Power Limited on Bipin Chandra Pal Marg and nearby areas at Chittaranjan Park, which had damaged the roots of the standing trees, especially within one meter radius of the Trees. The plea moved through Advocates Aditya N Prasad and Dhriti Chhabra stated that the aforesaid action was in violation of various orders of the High Court as well as the National Green Tribunal which mandated leaving of one meter kutcha space around trees while undertaking any construction activity. The plea added that the competent authorities regarding implementation of laws pertaining to preservation of Trees, in complete subjugation of their statutory responsibilities, had abetted the said work. During the course of hearing today, Prasad argued that while the road happened to be under the PWD, the work was being carried out by respondent no. 1, BSES Rajhdhani Power Limited.The Court noted that ex facie, the distance from the tree trunk was less than one metre and such digging and cutting up of roots was in clear violation of the orders of the High Court and also of the NGT. "This Court has in various orders directed the Govt Departments and agencies in Delhi to strictly adhere to the directions of the NGT. Somehow, the disposition of some authorities and agencies appears to be callous and not cared towards complying much with said directions. While such non compliance may entail criminal proceedings under the Contempt of Courts Act, it does, in the interim, harm and victimize the trees leading to eventual damage to the environment," the Court said Perusing the photographs on record, the Court was of the view that the directions of the NGT had been consciously breached and that contempt had been committed by the respondent authorities. At the outset, Senior Advocate Sudhir Nandrajog appearing for BSES Rajdhani Power Limited submitted that a stretch of mere 70 metres was dug up for laying of underground electricity cables and that BSES had in fact ensured that the trees are not been vicitimized. He also argued that the one metre distance from the tree trunk was also maintained. The Court took note of the fact that on January 17, 2022, the PWD had cautioned the BSES apropos the necessity to ensure that excavation, as may be, would be carried out by the BSES maintaining a one metre radius from the trees. "The BSES was also informed that if the damage is done to the trees due to excavation and digging work, then the BSES would be responsible for the same. Three days later, after inspection of the site, the PWD inspected the site and found that damage to the trees had been done and intimated the BSES vide letter dated 20.01.2022," the Court noted. The Bench also took note of the fact that the petitioner had not only informed the local police station, i.e., the SHO, CR Park Police Station but also a number of other agencies including PWD, BSES, Forest Department, Tree Helpline as under. "Yet no remedy has been set in place at the site. The abandonment of the trees is as evident as seen in the photographs reproduced herein above. The Court is of the view that contempt has been committed by the respondents. There has been dereliction of duties. The PWD should have stopped the work immediately. The Tree Officer should have initiated action immediately upon information," the Court observed at the outset.At the outset, the Court was apprised by Mr. Jawed representing respondent nos. 2 to 6, that the concerned Tree Officer had issued a notice after which the work in question was stopped and that the Director had also compounded the offence. Hearing this, Justice Waziri orally remarked thus:"What do you mean by compounding it? There is a certain element of sensitization. I just saw the photographs, these trees are 25 years old at least. And that is what gives ambience to the entire area, CR Park. How can this person come up and say 'hum khod denge isko'. This is not how it should be done. You can't go about damaging just because some money is being spent on that project. As if people don't matter, the neighbourhood doesn't matter. I am just very dismayed about the approach."The Court was also of the view that the Tree Officer himself would need to answer the allegations made in the petition and that it would be appropriate that the head of the department, Principal Chief Conservator of Forest of the Delhi Government looks into the matter for addressing the issues urgently. "In these circumstances, the Principal Chief Conservator of Forest, GNCTD is impleaded as respondent no 7,"...

"Citizens Should Not Suffer Due To Callous Disregard Of Environment Protection Rules": Delhi HC Expresses Dismay Over Victimization Of Trees

Nupur Thapliyal

Tags