Delhi HC raps authorities for ‘insensitive approach’ towards tree preservation

The court commissioner appointed in the matter, advocate Aditya Narayan Prasad, had moved a plea seeking a stay on trenching activities as it violated court orders. He submitted that on January 29, the HC had directed that all agencies undertaking civil works in the Capital shall keep a two-metre radius of any existing tree and not excavate it without prior permission from the tree officer. On February 19, Narayan submitted that trenching activity was carried out in the green belt of Station Road, Delhi Cantt, and trees’ roots had been cut. The HC had then passed an interim order banning any trenching activity in the area without complying with the mandate of the January order.

It had also issued a notice last week to the Chief Engineer, Military Engineer Services (MES), to explain why contempt action should not be initiated for violating earlier directions. Today, the MES’s counsel said she “regrets the action” taken by the MES and added that the department shall be more careful in future.

The counsel also said they weren’t aware of the January 29 order which was disputed by Prasad.

The counsel, on “instructions”, submitted that she will move an “appropriate application if further trenching is required and with a detailed roadmap to see that no trees are damaged”. In addition, the counsel stated voluntarily that the MES will “obtain instructions and plant 100 trees and look after (them)”.
The counsel said the MES is also in the process of undertaking an exercise if any other alternatives can be found for trenching and the same can be done with the permission of authorities, keeping in mind that there is no damage to tree cover.
The court then discharged the contempt notice to the MES official, continued the operation of its interim order, and listed the matter on February 26.

The counsel appearing for the Delhi Cantonment Board assured that the board shall ensure compliance with the previous orders of the HC on the issue with respect to the land under its control.