‘It is absolutely callous…criminal’: Delhi HC on damage to trees while digging on roads

The court was hearing a petition filed by the New Delhi Nature Society through its advocate Aditya N Prasad.

Observing that digging and cutting of roots are in clear violation of the orders passed by the court and the NGT, Justice Waziri said, “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 caring towards complying much with said directions.”

Senior Advocate Sudhir Nandrajog, representing the BSES, submitted that a stretch of mere 70 metres was dug up for laying underground electricity cables, and the company has ensured that the trees will not be victimised.

The court noted that the PWD had cautioned the BSES on the need to ensure that excavation is carried out while maintaining a one-metre radius from trees. However, the court noted, three days later, the PWD found that damage had been done to trees.

It also said there has been a dereliction of duties both by police as well as the PWD. “The Court is of the view that the Tree Officer himself would need to answer the allegations made in the petition. It would be appropriate that the head of the department ie Principal Chief Conservator of Forest, GNCTD, look into the matter for addressing the issue urgently,” said the bench.

The court also noted that the ongoing construction work at the site is clearly not in tandem with requirements of the Rights of Persons with Disabilities Act, as the road has been extended by reducing the width of footpaths. It said the PWD shall answer as to how and in what circumstances the width of the footpath was reduced, and the “new so-called channel or well for water harvesting was created on road, without keeping in mind the needs of persons with disabilities”.

While directing the Engineer-in-Chief of PWD to initiate enquiry against officers responsible for it, Justice Waziri said, “No person on a wheelchair or moving with a walker or crutches will be able to use the footpath. Instead of facilitating the movement of citizens, the PWD has only created hurdles in the free movement of people.”

The court also said the citizens of Delhi should not suffer “because of such callous disregard of rules and regulations and orders to protect the environment”.