Supreme Court Issues Criminal Contempt Notice To DDA Vice Chairman Over Tree Felling In Delhi's Ridge

The Supreme Court on Thursday (May 16) issued a criminal contempt notice to the Delhi Development Authority (DDA) Vice Chairman in the matter concerning the rampant felling of trees in Delhi's Ridge Forest area in violation of its previous orders in M.C. Mehta v. Union of India & Ors. “Such conduct (referring to DDA Vice Chairman) and suppression amounts to interference with due course of court proceedings and administration of justice. We have already issued a show cause notice for civil contempt. We therefore issue notice of criminal contempt.”, said the Supreme Court. The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan during the last date of hearing indicated to issue the criminal contempt notice to the Vice Chairman and passed a detailed order expressing displeasure about the manner in which the entire exercise of tree cutting was done in Delhi Ridge Area without permission of the Court. Previously, the Court asked the DDA Vice Chairman Mr. Subhasish Panda to submit an affidavit stating that he would restore the entire area where the trees were felt. Today, after perusing the affidavit submitted by Panda, the court was not satisfied with the averments made in the affidavit and termed the entire exercise as criminal contempt of court.“The felling continued for 10 days, trees were felled and destructed. This material fact was suppressed by DDA. It was fully aware that without permission of this court not a single tree could be touched. In complete violation of law and orders of this court, the work was started and completed. This shows that DDA has committed wilful breach of this court's directions.”, the court said. The court reprimanded the DDA officials for misleading the Lieutenant Governor of NCT of Delhi, who holds the position of Chairman of DDA. “The dishonesty does not end here. Based on observations in court, action was initiated to constitute a committee of eminent experts to minimise the trees felled. It is stated that this proposal was duly approved by Delhi LG in his capacity as DDA Chairperson. Therefore, highest authority of State was also mislead based on observations of this court.” Therefore, the court directed VC Panda to personally address a letter to the LG stating that the documents were suppressed by him while sending the proposal for tree felling to the LG. “We hope LG takes the issue very seriously in his capacity as DDA Chairperson and official responsibility.”, the court added. DDA was directed to stop all further activities for road construction and also to visit the site to verify the same. 100 New Trees To Be Planted For Each Tree Felled The court also directed the Forest Survey of India, Dehradun to visit the road stretches to find out how many trees possibly may have been cut and assess damages and stated that 100 new trees for one tree felled has to be planted by DDA. The court requested the FSI team to submit a preliminary report to this court by June 20. “The DDA VC will inquire into the default committed by his legal team to point out correct facts to counsel who last appeared. If any course correction is required, necessary steps in accordance with law can follow.”, the court said. “FSI team will also look at environmental damage so proper agency for planting trees and compensatory afforestation can be done. DDA to place on record the approval granted by Hon'ble LG and copy of application/proposal submitted to the LG.”, the court added. The court impleaded Ridge management board and restrained the board from approving any diversion project without the express approval of this court and put on notice to the Ministry of Environment, Forest and Climate Change (MoEF) for violation of the Forest Act, 1927.Considering the seriousness of the issue, the court proposed to take up further hearings in vacation and in this regard directed the Judicial Registrar (listing) of the Supreme Court to seek instructions from the Chief Justice of India for listing the matter in the week commencing June 24, 2024.Attorney General R Venkataramani appeared for DDA and Sr. Adv. Mahesh Jethamalani for the Contemnor DDA Vice Chairman.Senior Advocate ADN Rao appeared as an amicus curiae in the matter.Sr Counsel Huzefa Ahmadi and Madhavi Divan for petitioners.Case Details: Bindu Kapurea v. Subhasish Panda & Connected Matters Dairy No. 21171-2024Click Here To Read/Download Order

Supreme Court Issues Criminal Contempt Notice To DDA Vice Chairman Over Tree Felling In Delhi's Ridge

Yash Mittal

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