Complainant reporting felling of trees has to be heard, kept informed of proceedings: Delhi HC

The petitioner, Rajiv Dutta who owned a property in South Extension-I, had planted a neem tree in 2013 with the assistance of the horticulture department of the erstwhile South MCD now known as MCD. The tree was planted on public land at the point where the boundary wall of his property met the boundary wall of the adjacent property.
Dutta claims on June 6, 2022, he received information from one of his neighbours that the tree had been felled by a vehicle ferrying construction and demolition waste from the plot under construction nearby. The plea states that the vehicle had come very close to the tree when a major branch of the tree got pulled, causing the trunk to be completely severed from the ground.

The plea states that when Dutta reached the site he found that the felled tree had been cut into pieces and whisked away by unknown people. He thereafter made a complaint to the Tree officer (South) on the same day, who asked about the location which was provided. Dutta was thereafter informed that an inspection had been carried out and a notice would be sent. The plea states that Dutta awaited details of further proceedings assuming that necessary action will be taken under the Delhi Preservation of Trees Act. However, multiple enquiries did not receive a response.

The HC noted that apart from a policy under the Act for transplantation of trees, there are no directions or guidelines regarding how a Tree Officer would deal with the complaints on conduct of hearing relating to the damage of trees or violation of any other provision of the Act.

The plea seeks a direction to the Tree officer to take necessary action on Dutta’s complaint under the Act as well as a direction to the Delhi government to lay down guidelines on procedure for conducting hearings by the tree officers concerned for violations made under the Act. The court said all proceedings relating to statutory rights, liabilities and obligations “would be expected to be conducted in a procedure that is ex-facie fair and transparent”.

The court further perused through a February 20 counter affidavit filed by Principal Chief Conservator of Forests, GNCTD, which states that the department of forests and wildlife is formulating a standard operating procedure (SOP) for effective adjudication of registered tree offence in accordance with mandate laid down under the Act. The affidavit further said that the SOP shall be issued within one month after approval from the Delhi government.The HC, however, noted that this one month period is over and directed that an affidavit be filed on the progress made with respect to the SOP.

Appearing for Dutta, advocate Aditya Prasad argued that a “fully grown tree was fatally damaged and felled” and there is nothing on record to show that the offender was ever put to notice or that he made any application for compounding of the offence under the DPT. Prasad said that an order had been passed compounding offence and there was no record indicating that the penalty of Rs 60,000 had been deposited.

Prasad said this was a “serious dereliction of duty by the Tree Officer”. He referred to photographs to show that the tree planted, as compensation in lieu of the felled tree at the site, is hardly alive and said that the newly planted tree will take “years to get close to what has been lost”.

Appearing for the Tree officer, advocate Avishkar Singhvi argued that an affidavit on this issue will be filed in two weeks and “remedial measures” shall be taken in consultation with the land-owning agency, MCD. “Let it be so done with prior approval of Principal Secretary (Environment and Forests), GNCTD,” the HC said.

The counsel for the parties at this point suggested that an Amaltas tree of at least 15 ft. in height and having a nursery age of 4 years may be planted at the site “so that when it blooms, the tree would lend some cheer to residents of the neighbourhood”. The court said Director (Horticulture) MCD assistance can be taken for this listing the matter on April 11.