National Green Tribunal
Prof Dr Sanjev Bagai vs Department Of Environment Gnctd on 3 January, 2023
Item No. 6 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 911/2022
Prof. Dr. Sanjeev Bagai & Ors. ...Applicants
Versus
Department of Environment, GNCTD & Ors. ...Respondents
Date of hearing: 03.01.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Ms. Anu Monga, Mr. Shobhit Sharma and Mr.
Shubham Khanna, Advocates.
Respondents: Ms. Jyoti Mendiratta, Advocate for Respondents No. 1,
3 and 5, GNCTD, DCF, Deputy Director (Horticulture)
PWD (through VC) with Mr. Nitesh Sharma, S.P.A.
(Legal)-Department of Forest and Wildlife.
Ms. Puja Kalra and Mr. Virendra Singh, Advocates
with Mr. Surendra Singh, ADH for Respondents No. 2,
4, 7 & 8.
Ms. Latika Malhotra and Ms. Kritika Gupta, Advocates
for Respondent No. 6-DDA with Mr. Vikas Singh, AD,
Horticulture, Division-IV DDA.
Ms. Ekta Mehta and Ms. Akansha Agarwal, Advocates
for respondents no. 12 to 18-Vasant Vihar Residents
Welfare Association with Mr. Gurpreet Singh Bindra,
President of Vasant Vihar Residents Welfare
Association.
Notice to Respondents No. 9, 10 and 11 not issued so
far.
Application under Section 14 and 15 of the National Green Tribunal Act, 2010.
ORDER
1. Prof. Dr. Sanjeev Bagai and others have filed the present application under Section 14 and 15 of the National Green Tribunal Act, 2010, seeking issuance of directions to respondents no. 1 to 6 to take O.A. No. 911/2022 Prof. Dr. Sanjeev Bagai & Ors. Vs. Department of Environment, GNCTD & Ors.
2 appropriate remedial and penal action against respondent no. 12 to 17 for illegal act of cutting, felling and pruning of trees in Vasant Vihar with consequential reliefs as mentioned in the prayer.
2. In the course of hearing, notices were ordered to be issued to Respondents No. 1 to 8 and 18.
3. Replies on behalf of Respondent No. 2-MCD and Respondent No. 18-Vasant Vihar Residents Welfare Association have been filed vide emails dated 02.01.2023.
4. Learned Counsel for the Respondents No. 1, 3 and 5 and learned Counsel for Respondent No. 6 seek time to file replies/response on behalf of Respondents No. 1, 3 and 5 and Respondent No. 6, respectively.
5. Learned counsel for the applicants also seeks time to file photographs and copies of relevant documents to show pruning of trees by Respondents No. 12 to 18 in violation of the guidelines/environmental norms.
6. Reply/response on behalf of Respondents No. 1, 3 and 5 and Respondent No. 6 and photographs and copies of relevant documents on behalf of applicants be filed within ten days by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
7. Learned counsel for the applicants has submitted that pruning has been done and is being done by respondents no. 12 to 18 without requisite permission and in violation of statutory provisions/norms and O.A. No. 911/2022 Prof. Dr. Sanjeev Bagai & Ors. Vs. Department of Environment, GNCTD & Ors.
3 such pruning may result in killing of about 7000 trees in Vasant Vihar, New Delhi.
8. Learned counsel for the Respondents No. 12 to 18 have refuted the allegations and submitted that scientific pruning of trees being essential for their growth is required to be carried out by the concerned Civic Authorities in accordance with the guidelines issued in this regard.
9. Mr. Gurpreet Singh Bindra, President of Vasant Vihar Residents Welfare Association has submitted that on earlier occasions also pruning was done on the requests made by the residents as per decision taken in the meetings of office bearers of the above said association including applicant no. 3 and expenses for the same were borne by the above said association.
10. In response thereto, even learned Counsel for the applicant has not disputed the requirement of scientific pruning of the trees but has reiterated that pruning of the trees has been and is being carried out in violation of the guidelines endangering the very life of the trees in question.
11. Undisputedly, in the present case, Vasant Vihar Residents Welfare Association has approached the Civic Authorities for pruning of the trees in question in view of the request made by the residents of the locality. In the facts and circumstances of the case, we are of the considered view that the concerned Civic Authorities cannot be restrained from carrying out scientific pruning of the trees, which may be required for proper growth and health of the trees, in accordance with the provisions of the Delhi Preservations of Trees Act, 1994 and Guidelines dated 01.10.2019 O.A. No. 911/2022 Prof. Dr. Sanjeev Bagai & Ors. Vs. Department of Environment, GNCTD & Ors.
4 issued by the Deputy Conservator of Forest, (HQ)/Member Secretary, Tree Authority for Pruning of Trees under the Delhi Preservations of Trees Act, 1994. In case of any unscientific pruning of the trees in violation of the guidelines, the applicants may avail the equally efficacious remedy of making complaints to the Deputy Conservator of Forest, West Forest Division (Tree Officer) who is directed to take appropriate action in accordance with law in case of making of any such complaint to him. However, in the peculiar facts and circumstances of the case, we do not find any impropriety in the Civic Authorities associating the Vasant Vihar Residents Welfare Association in carrying out scientific pruning of the trees. In fact, the environmental problems can be properly resolved with active participation of the members of the public/residents of the locality for protection and improvement of environment. The concerned instrumentalities of the State are required not only to create awareness amongst the members of public/residents of the locality but also to ensure their participation in plantation, protection, maintenance and management of trees by providing men- power/financial resources. In the facts and circumstance of the present case, it will be appropriate if the concerned Civic Authorities allow the office bearers of the Vasant Vihar Residents Welfare Association and residents of the locality including the applicants to participate, by voluntarily providing men-power/financial resources as the case may be, in carrying out scientific pruning of the trees in question as may be considered to be necessary in accordance with the guidelines under proper monitoring/supervision by the officials of the concerned Civic Authorities and Deputy Conservator of Forest, West Forest Division (Tree Officer) and the concerned Civic Authorities may for this purpose also O.A. No. 911/2022 Prof. Dr. Sanjeev Bagai & Ors. Vs. Department of Environment, GNCTD & Ors.
5 constitute a Tree Management Committee (TMC) with concerned officials and office bearers of the Vasant Vihar Residents Welfare Association and residents of the locality including the applicants volunteering for plantation, protection, maintenance and management of the trees and other vegetation in the concerned area.
12. List for further consideration on 19.01.2023.
13. In the meanwhile, further pruning of the trees, if considered necessary, be carried out by the concerned Civic Authorities, MCD/DDA as the case may be strictly in accordance with the provisions of the Delhi Preservations of Trees Act, 1994 and Guidelines dated 01.10.2019 issued by the Deputy Conservator of Forest, (HQ)/Member Secretary, Tree Authority for Pruning of Trees under the Delhi Preservations of Trees Act, 1994 by associating office bearers of the Vasant Vihar Residents Welfare Association and other residents of the locality including the applicants volunteering for the purpose by providing the men-power/financial resources.
14. In the facts and circumstances of the case, we also consider presence of the concerned Deputy Directors (Horticulture), MCD, DDA and PWD respectively and the Deputy Conservator of Forest, West Forest Division (Tree Officer) before this Tribunal on the date fixed to be essential for assisting this Tribunal in just and proper adjudication of the questions involved in the case and accordingly, they are directed to remain present before this Tribunal on the date fixed.
15. A copy of this order be sent to the concerned Deputy Directors (Horticulture), MCD, DDA and PWD respectively and the Deputy O.A. No. 911/2022 Prof. Dr. Sanjeev Bagai & Ors. Vs. Department of Environment, GNCTD & Ors.
6 Conservator of Forest, West Forest Division (Tree Officer) by email for ensuring requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM January 03, 2023 AVT