Delhi Ridge | Supreme Court Allows Felling Of 152 Trees, Diversion Of 2.97Ha Forest Land To Widen Road For Paramilitary Hospital

In the Delhi Ridge tree felling contempt case, the Supreme Court yesterday permitted diversion of 2.97 hectares of forest land for construction of a road needed for "better operationalization" of the CAPFIMS paramilitary hospital.It further granted permission for felling of 152 trees for the road widening project, while stipulating that atleast 5 times more saplings shall be planted as compensatory afforestation measure. The Court also allowed translocation of 2519 saplings under direct supervision of the Expert Committee and at the instance of DDA. "Taking notice of the fact that mortality rate goes high in the case of translocation of saplings, the Expert Committee shall keep in mind as to how many additional saplings are required to be planted to ensure that eventually the morality rate remains zero", it added.The Court further said that the Expert Committee should ensure in due course of time that atleast about 2 lakh plants survive as a compensatory measure.A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi passed the order, after hearing Solicitor General Tushar Mehta and Senior Advocates Gopal Sankaranarayanan (for contempt petitioner), Maninder Singh (for DDA) and Guru Krishna Kumar (Amicus Curiae).In its order, the bench also recorded a submission by the authorities that pre-plantation activities, in pursuance of previous orders, have started and shall be completed by end of February. As and when the fields are ready, the fresh plantation work can commence immediately, so that it is completed by end of March, the Court said.The bench further observed that the Expert Committee can apprise it on the administrative side if there is any delay, negligence or reluctance, so that requisite directions can be passed.On being informed that one of the members of the Expert Committee has been nominated to the NGT, the bench also called for the Amicus' suggestions for some eminent person who can be appointed to the Committee. On the Amicus' recommendation, the bench then appointed Sh. MB Sinha, retired IFS officer and former Principal Secretary, Haryana government, as the third member of the Committee.Courtroom ExchangeDuring the hearing, SG Mehta informed that the road and the hospital have been built, but the hospital cannot be used for purposes other than OPD, as the road is narrow. Maninder Singh, on the other hand, apprised that out of a total of 20 kms boundary wall, work for 13-14 kms has been completed. On the saplings to be planted, he informed of the Committee's view that plantation can be started from March 1.Singh also referred to an earlier order of the Court as per which permission was required for transfer of land to construct road in the area. He submitted that the land was already transferred, and as such, the Committee had advised seeking post-facto permission from the Court.The senior counsel further informed that the proposal to cut around 470 trees has been brought down to 156 trees.Gopal S, on his part, informed that in the previous hearings, the Court had suggested waiting till March for progress on the proposed actions. He averred that the respondents were seeking to uproot and relocate the saplings which were re-planted after felling of the trees. "It has become a circus", he remarked.On this, the CJI said, "the mortality rate in transplantation is much higher than the original plantation".Subsequently, Gopal S highlighted that in November, the bench had noted that the respondents were to plant about 1,62,000 saplings by March 31. However, he claimed, not even 1 had been planted till date and suggested that the Court not extend a "long rope" to a party that has admittedly been "recalcitrant".In response, the CJI asked why the paramilitary personnel should suffer because of the respondents' negligence. "They are not suffering at all," replied Gopal S, while asserting that the access road to the hospital is "large and existing".Unconvinced, the CJI suggested that one not be conservative in taking such view. "When people can have helipad in hospitals, these poor paramilitary forces person can have atleast ambulance plying on the road", the CJI said.Later, the Amicus flagged inter-alia the issue of width of the road. He said that initially a 7.5 m wide road was envisaged. But, the respondents then settled on a 15 m wide road, and now the figure being proposed was 30 m (with cycle track, etc.).In this regard, the CJI remarked, "even if it is 50 m, we will not stop, so long as it is meant for the paramilitary".BackgroundThe case pertains to the felling of trees in the Delhi ridge forest to widen road for the the CAPFIMS Paramilitary Hospital in violation of the Supreme Court's orders. Following the tree felling, the Court had initiated suo motu contempt proceedings against the DDA officials.In May last year, the Court constituted a Committee to frame an afforestation plan, which the Forest Department was to implement under its supervision. Subsequently, the...

Delhi Ridge | Supreme Court Allows Felling Of 152 Trees, Diversion Of 2.97Ha Forest Land To Widen Road For Paramilitary Hospital

Debby Jain

"When people can have helipad in hospitals, these poor paramilitary forces person can have atleast ambulance plying on road", CJI said.

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