‘You’re responsible for the mess citizens are in today because of pollution’: HC to Delhi’s forest dept

Perusing some of the orders passed by tree officers, a single-judge bench of Justice Jasmeet Singh told the Delhi government’s forest department, “This is unacceptable. This is a blatant violation, dereliction of duty, amounts to cutting corners, and is a total disregard for the orders of the court. You are responsible for the mess citizens of Delhi are in today because of pollution. In Anand Vihar, there is a machine that records AQI. It doesn’t record beyond 999 and it is touching that now. You want people of Delhi to live in gas chambers?”

The Delhi government counsel said it wasn’t as if there was non-application of mind by tree officers while granting permission to fell trees. He said the officers lacked training in the manner in which a speaking order is to be written.

A speaking order is one which gives reasons for the decision taken by the authority.

However, the petitioner’s counsel, Aditya N Prasad, argued that despite the forest department stating in November 2022 that henceforth, orders granting permission for felling trees will contain reasons and be uploaded online along with photographs, it was not being done. Instead, permission was being granted via non-speaking and one-line orders.

“This cannot keep going on. Delhi sees the cutting of 5 trees an hour. Let these people face contempt. This is contempt in the face of the court,” Prasad emphasised.
While underscoring that development is important but can’t be reckless, the court said, “Nobody wants to stall projects. You can expand a road but it can’t be that you cut 50 trees around.”

The HC asked the Delhi government to bring on record its plea seeking clarification of an August 31 order where the court denied permission for felling of trees for any individuals. The court listed the matter on November 8 and continued the operation of its August 31 interim order.

Meanwhile, in another matter also filed by Kandhari highlighting concretisation of trees in South Delhi’s Vasant Vihar, Justice Singh again raised concerns about the AQI level in the national capital today.
The court asked the special secretary of the Public Works Department to file an affidavit stating on oath that all trees within PWD jurisdiction in the colony stand deconcretised.

The court also asked the forest department to endeavour to give bigger advertisements in terms of a 2021 order intimating the public and authorities alike about the need to preserve trees, failing which penalty of Rs 10,000 or imprisonment may be imposed. The matter is listed on November 21.

The PWD’s counsel said around 2000 trees had been deconcretised in Vasant Vihar, which were planted on the road side; at the moment, 19 trees are left to be deconcretised. He appreciated the suggestions given by Prasad to PWD officers to deconcretise the trees. While he agreed that pollution is an issue faced by people in the city, he questioned if it can be solved by only deconcretisation; to this Justice Singh remarked that “it was a drop in the ocean”.