Delhi High Court sends PWD officials to jail for disobeying directions on tree protection

The bench noted that despite repeated directions and orders passed by the high court and by the National Green Tribunal, there has been a “consistent disregard in compliance” of the same. “Such recalcitrance to abide by the law and defiance of the court’s orders cannot merit anything less than a sentence,” the court held.

“This sentence shall be kept in abeyance for a period of ten weeks from the date of uploading the order on the court’s website, so as to accord them sufficient opportunity to avail their legal remedies, as maybe available to them. Should this order not be altered or stayed, then upon the expiry of the ten weeks, the contemnors shall present themselves before the Registrar General of this court for them to be sent to judicial custody,” Justice Waziri said.

The high court was hearing a contempt plea by New Delhi Nature Society, represented by advocate Aditya Prasad, who were aggrieved by the “extended and egregious instance of victimization of trees, chopping up of roots of healthy trees” pertaining to construction work of cables and pipes on Bipin Chandra Pal Marg and nearby areas at Chittaranjan Park.

Prasad had previously argued that despite status quo orders of the court passed on February 25, 2022, the construction work/laying of cables/pipes was still continuing at the site in total disregard to any care or concern for the living trees which had been rooted into the earth for possibly two decades.

The court noted that status-quo was not maintained at the site and no reply was filed by R-2 and R-3 in terms of the show-cause notice issued to them, observing that there had been a “breach” and “disobedience” of the order of February 25, 2022, and the orders of the NGT.

The court further observed that in another contempt case on December 3, 2021, it had directed the “Public Works Department to exercise due caution apropos all its ongoing civil works as well as for all future projects”. Justice Waziri observed that this exercise seems to not have been done.

The court had held the officials guilty of contempt last year on March 14 wherein it observed that the PWD should have ensured that such damage was prevented and not doing so, “it has been complicit in the damage to the trees”.

“PWD itself has re-laid the pavements and created manholes of 6’x6’ radius around 16 trees, as is evident from the photographs. In the circumstances R-2 and R-3, under whose directions and watch the project has been undertaken are held guilty of having committed contempt of court,” the high court said.