HC says won’t allow pruning of trees in Delhi except in line with tree preservation law

The court observed that this figure was therefore “incongruous with the statutory requirements” under the Act. “The so-called permission granted under the guidelines seeks to overreach the statute. The guidelines are in conflict with the DPT Act, they are arbitrary and illegal. Consequently, the permission for pruning, presumed to be or granted under the guidelines, would be of no consequence and shall always be non est. Therefore, the guidelines permitting regular pruning of branches of trees with girth up to 15.7 cm without specific prior permission of the tree officer are hereby set aside. The only permission that can be granted for pruning, etc is under section 9 of the Act,” Justice Waziri said.

The court further directed that “no pruning of trees will be permitted in Delhi” except in accordance with the DPT Act. “It will be open to the respondents to frame guidelines and/or rules as may be requisite,” the court added.

The order was passed on a plea moved by Dr Sanjeev Bagai and others challenging a January 19 order of the National Green Tribunal that allowed “further pruning of the trees” to be carried out by the civic authorities concerned—the Delhi Development Authority or Municipal Corporation of Delhi—in strict accordance with Delhi Preservations of Trees Act 1994 and guidelines issued by the Deputy Conservator of Forest (member secretary, tree authority for pruning of trees) under the Act. Advocate Aditya N Prasad appeared as the amicus curiae in the case.

The court stayed Clause 5 of the guidelines, which allowed such pruning, on May 10.

Observing that a “tree is a living being”, Justice Waziri said that it must be given at least a “last look” and “final inspection” before a decision is taken to permit its felling or sanctioning “extensive amputation of its live branches”.

Questioning how the 15.7cm figure was arrived at by the authorities, the court observed, “The granting of permission for cutting, girdling, lopping, pollarding etc of trees is to be strictly regulated and such permission is not to be granted for the asking. Yet the guidelines permit cutting/pruning of branches of trees having a girth/circumference of up to 15.7 cm. How did this figure come about? What is the scientific basis for reaching that figure? What is the justification for applying the same thickness of branches to all species of trees in Delhi? Some trees may have slim trunk girth. For such specific species and otherwise too, the entire tree could well be wantonly pruned to reduce [it] to a mere pole-like structure, as has been done to some trees in this case.”

Justice Waziri further said the guidelines for pruning trees were an “informal administrative handbook” to assist the officers of the Department of Forests and Wildlife and are not part of any statute.

Perusing photographs of “instances of ex facie unjustified pruning”, the court said, “How can there be justification for such pruning? These are glaring examples of misuse of the generous permission granted under the guidelines to prune trees/tree branches having a girth up to 15.7 cm. Had the tree officer been accorded an occasion to inspect these trees before they were pruned, perhaps the hapless trees would not have suffered their current fate. Was it examined or ascertained by the tree officer, or for that matter by any authority, whether the branches of the many trees which were pruned were dead, diseased, dying, split, broken or constituted a threat to life or property or obstructed traffic?…Was it examined, ascertained or estimated that the trees had been or could be over-pruned?…The answer to all these fundamental and relevant questions is in the negative”.

Justice Waziri observed that the guidelines “ride roughshod” over all these concerns and grant a “general permission” for pruning tree branches having a girth of up to 15.7 cm. It has not been specified whether a scientific methodology was employed to ensure that the pruning is done only up to a girth 15.7 cm and not beyond, the court said, adding that “evidently, it is mere guesswork” and an “estimation”.

While disposing of the plea, the court directed the state government to arrange “refresher training courses” that would also cover the conduct of hearings through hybrid mode an e-filing of petitions for the benefit of tree officers, the deputy conservator of forests and other officers of the department at the Delhi Judicial Academy within four weeks of the receipt of the order.