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The Delhi High Court has ordered that 10,000 trees be planted across the national capital by utilising “over Rs 70 lakh” deposited by defaulting litigants as costs in various cases, observing that benefits provided by trees by way of oxygen to the residents are “immeasurable”.
Observing that “such monies” are to be utilised for the larger public good, a single judge bench of Justice Najmi Waziri in its May 29 order appointed five advocates as court commissioners to identify areas where the trees can be planted, which would preferably be public roads.
“…over Rs 70 lacs are to be transferred into the bank account of the Deputy Conservator of Forests (DCF), GNCTD [Government of National Capital Territory of Delhi] maintained at UCO Bank, Delhi High Court Branch, New Delhi,” the high court said.
“Let the said monies be utilised by the DCF, with the assistance of PWD, GNCTD to plant trees in such areas as may be identified by Mr. Shadan Farasat, ASC, Mr. Avishkar Singhvi, ASC, GNCTD, Mr. Tushar Sannu, Standing Counsel, NDMC, Mr Aditya N. Prasad, Mr. Atul Bhuchar. They shall each have at least 2500 trees planted. They are hereby appointed as Court Commissioners. Assistance apropos their transportation, etc. shall be arranged by the PWD/ Forest Department, GNCTD. The local police shall assist the DCF as well as the Court Commissioners in the plantation exercise,” the court added.
The court also observed that as long as trees are alive, they would “incessantly and silently” provide multiple benefits to the city, provided that people and the landowning agencies do not interfere in or hinder their growth.
“The benefit that trees would provide to generations of residents of Delhi, by way of fresh oxygen would be immeasurable. They would also serve as carbon sump, to absorb in some measure, the atmospheric pollution which plagues the city all year round,” the court added.
The court also said that each tree shall have a minimum of three years of nursery age and a minimum trunk height of 10 feet, further directing that from the Rs 70 lakh “at least 10,000 trees shall be planted”. With respect to the varieties of trees to be planted, the high court said that depending upon the soil type and topography, the DCF may consider planting trees like Pilkhan, Papdi, Kachnaar, Goolar, Kala Siris/Safed Siris, Jamun, Amaltas, Kadamb and Badh.
Justice Waziri also observed that the “land-owning agency” shall plant the trees under the supervision of the tree officer/DCF, Delhi government, and will further file a report along with photographs.
In case of any damage to trees, the land-owning agency shall promptly remedy the situation with the advice of the tree officer and inform the court commissioners with photographs, the court said.
“Status reports with photographs be filed by the Tree Officer/DCF every six months. In case of default the case be listed for directions,” the high court said, listing the matter on July 7 for the perusal of the first status report.
It also said that community participation in the plantation and maintenance of the trees should be encouraged, adding that sign boards shall be put up at prominent places to inform the public that the plantation has been carried out under the directions of the high court.
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