National Green Tribunal
Jabar Singh vs Delhi Development Authority on 19 July, 2024
Item No. 12 Court No. 3
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 366/2024
Jabar Singh Applicant
Versus
Delhi Development Authority Respondent(s)
Date of hearing: 19.07.2024
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Hasil Jain, Advocate for the Applicant.
Respondents: Ms. Latika Malhotra and Ms. Kritika Gupta, Advocates
for Respondent no.1-DDA
Mr. Akash Rana, Patwari on behalf of Respondent no.2
(DM, North-West).
Mr. Gautam Mann, Advocate for Respondent no 3-
DCF, North Forest Division, Dept. of Forest & Wildlife,
GNCTD (Through VC).
Mr. Uchit Bhandari, Advocate for Respondents no.5
and 6.
None for Respondent no. 4.
ORDER
1. The Applicant has filed the present application under Sections 14 and 15 of the National Green Tribunal Act, 2010 complaining about illegal cutting and pruning of the trees by respondents no. 5 and 6- Mr. Puneet Kumar, President and Mr. Yogesh Khanna, Secretary of DDA Market Association, Samrat Enclave, Pitampura, Delhi.
2. The applicant has submitted that the respondents no.5 and 6 are cutting and pruning the trees without any permission from the authorities and destroying the green cover and natural space in DDA Market area. Two trees had been cut and 15 trees had been completely pruned. Last year pruning of about 10 trees was carried out in the DDA 1 Market area. The applicant made complaints to the DDA, Commissioner of Police and MCD but no action was taken.
3. The applicant has accordingly prayed for issuance of directions for restoration of tree cover and the open public space as per the original layout plan of the DDA Market and for prosecution of and imposition of environmental compensation on respondents no. 5 and 6.
4. Vide order dated 10.04.2024 notices were ordered to be issued to the respondents.
5. Ms. Latika Malhotra and Ms. Kritika Gupta, Advocates have appeared on behalf of respondent no.1-DDA. Mr. Akash Rana, Patwari has appeared on behalf of Respondent no. 2-DM, North-West. Mr. Gautam Mann, Advocate has appeared on behalf of respondent no. 3- DCF, North Forest Division, Department of Forest and Wildlife, GNCTD (Through VC). Mr. Uchit Bhandari, Advocate has appeared on behalf of respondents no.5 and 6.
6. We have heard the learned Counsel for the applicant and the respondents and gone through the relevant record.
7. In order to provide for the preservation of trees the Delhi Preservation of Trees Act, 1994 (DPT Act) was enacted.
8. Section 2 (i) of the DPT Act defines tree as any woody plant whose branches spring from and are supported upon a trunk or body and whose trunk or body is not less than five centimeters in diameter at a height of thirty centimeters from the ground level and is not less than one meter in height from the ground level.
2
9. Section 8 of the Delhi Preservation of Trees Act, 1994 (DPT Act),which imposes restrictions on felling and removal of trees, provides as under:-
"8:- Notwithstanding anything contained in any other law for the time being in force or in any custom or usage or contract and except as provided in this Act or the rules made thereunder, no person shall fell or remove or dispose of any tree or forest produce in any land, whether in his ownership or occupancy or otherwise, except with the previous permission of the Tree Officer:
Provided that if the tree is not immediately felled, there would be grave danger to life or property or traffic, the owner of the land may take immediate action to fell such tree and report the fact to the Tree Officer within twenty-four hours of such felling"
10. Section 9 of the DPT Act, which prescribes the procedure for obtaining permission to fell, cut, remove or dispose of, a tree, reads as under:-
"(1) Any person desiring to fell or remove or otherwise dispose of, by any means, a tree, shall make an application to the concerned Tree Officer for permission and such application shall be accompanied by attested copies of such documents as may be prescribed in support of ownership over the land, (the number and kind of trees to be cut, their girth measure at a height of 1.85 metres from ground level and the reasons therefor, copy of sajra showing clearly the site and khasra numbers of the property.
(2) On receipt of the application, the Tree Officer may, after inspecting the tree and holding such enquiry as he may deem necessary, either grant permission in whole or in part or for reasons to be recorded in writing, refuse permission: Provided that such permission may not be refused if the tree-
(i) is dead, diseased or wind fallen; or
(ii) is silviculturally mature, provided it does not occur on a steep slop; or
(iii) constitutes a danger to life or property; or
(iv) constitutes obstruction to traffic; or
(v) is substantially damaged or destroyed by fire, lightening, rain or other natural causes; or
(vi) is required in rural areas to be cut with a view to appropriating the wood or leaves thereof, or any part thereof for bone fide use for fuel, fodder, agricultural implements or other domestic use.3
(3) The Tree Officer shall give his decision within sixty days from the date of receipt of the application: Provided that no permission shall be granted to any person from the same area on more than two occasions during the same year subject to a maximum area of one hectare at a time.
(4) If the Tree Officer fails to communicate his permission on request within the period specified under sub-section (3), the permission referred to in section 8, shall be deemed to have been granted.
(5) Every permission granted under this Act shall be in such form and subject to such conditions, including taking of security for ensuring regeneration of the area and replanting of trees or otherwise, as may be prescribed.
11. In W.P. (C) 2317/2023 and CM APPL. 8779/2023 titled as Prof. Dr. Sanjeev Bagai & Ors. Vs. Department of Environment Government of NCT of Delhi through its Principal Secretary (Environment and Forest) & Ors. decided on 29.05.2023, Hon'ble Delhi High Court set-aside the guidelines permitting regular pruning of branches of tree with girth upto 15.7 cm without specific prior permission of the Tree Officer holding that the only permission that can be granted for pruning, etc. is under Section 9 of the DPT Act and directed that no pruning of trees be permitted in Delhi except in accordance with the DPT Act while granting liberty to the respondents to frame guidelines and/or rules as may be requisite.
12. Section 24 of the DPT Act prescribes the penalty for contravention of the provisions of the DPT Act. Section 15 of the DPT Act provides for seizure of property while Section 17 thereof embodies the provisions for release of the same. Section 16 of the DPT Act enables forfeiture of timber and other produce from the tree, implements used for felling and the vehicle and animals used for transport of such trees.
13. Section 18 of the DPT Act confers power on Tree Officer or a Forest Officer not below the rank of Forest Ranger or a Police Officer not below 4 the rank of Sub Inspector to arrest without a warrant any person reasonably suspected of having been concerned in any offence under the DPT Act and Section 19 of the DPT Act empowers such arresting officers to release the person arrested on execution of requisite bonds. Section 21 of the DPT Act confers power on a Tree Officer or any Forest Officer not below the rank of Deputy Conservator of Forest to compound any offence committed under the DPT Act.
14. Section 5 of the DPT Act empowers the Government to appoint one or more Forest Officers of the rank not below that of a Deputy Conservator of Forests as Tree Officers for the purposes of the DPT Act. Vide notification No.F.11(69)/DCF/PA/96/Pt I/6118-34 dated 21.10.2021, Government of National Capital Territory of Delhi, Department of Environment, Forest and Wildlife appointed Four Deputy Conservator of Forest namely DCF (Central), DCF (West), DCF (South) and DCF (North) as the Tree Officers in their respective territorial jurisdiction.
15. It follows from the above referred statutory provisions and notification that Tree Officer cum DCF (North) is empowered and required to enquire into the complaint of the applicant regarding illegal cutting and pruning of the trees in DDA Market area in question and to pass appropriate orders in accordance with the provisions of the DPT Act.
16. In view of the above, the present original application is disposed of with direction to Tree Officer cum DCF (North) to treat the original application filed before this Tribunal as a complaint under the DPT Act and to enquire into the allegations made in the complaint and take appropriate action in accordance with law within two months and submit action taken report within three months by e-mail at judicial- 5 [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions.
17. A copy of this order alongwith copies of the application and documents attached with the same be sent to Tree Officer cum DCF (North) by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 19, 2024 AG 6