Delhi High Court - Orders
Bhavreen Kandhari vs Shri C. D. Singh And Ors on 22 May, 2023
Author: Najmi Waziri
Bench: Najmi Waziri
$~2(SB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 1149/2022
BHAVREEN KANDHARI ..... Petitioner
Through: Mr. Aditya N. Prasad and Mr.
Armaan Verma, Advocates.
versus
SHRI C. D. SINGH AND ORS. ..... Respondents
Through: Mr. Ujjwal Malhotra, Advocate for
Mr. Anupam Srivastava, ASC
GNCTD.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 22.05.2023 The hearing has been conducted through hybrid mode (physical and virtual hearing).
CM APPL. 26422/20231. Allowed, subject to all just exceptions.
2. The application stands disposed-off.
CM APPL. 26421/20233. Issue notice.
4. The learned counsel named above accepts notice on behalf of the non-
applicants.
5. The learned counsel for the non-applicants seeks and is granted two weeks to file a reply.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 22:18:28
6. In terms of the orders dated 20.10.2022 and 02.11.2022, the Tree Officer was supposed to record detailed reasons for permissions granted for cutting of a tree, along with photographs. For their default, in the face of orders, an unconditional apology was tendered by all the respondents, which include the Principal Chief Conservator of Forests („PCCF‟) and the Tree Officers of South, North and West Divisions of the Department of Forests and Wildlife, GNCTD. They had assured the court that they would follow the court‟s directions passed in the aforesaid orders. The learned counsel for the petitioner submits that despite their apology and despite their assurance to comply, the website of the Forest Department, on which permission for cutting of trees has been uploaded, does not give a detailed reason, in terms of what was directed in the aforesaid orders. The photograph, as uploaded on the website of the forest department, are reproduced hereunder:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 22:18:28
7. Permission was granted by the DCF, (West Forest Division) for cutting down a fully grown tree as shown in the photograph above at the Ullan Batar Marg, Mehram Nagar, New Delhi at Palam, Delhi Cantonment along the Dwarka-T1-T3 crossing only because a water This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 22:18:29 fountain was supposed to be constructed for a beautified street sight. Surely, the tree existed for decades before somebody even came up with the idea of creating a water fountain at a distance from the tree. Prima facie that cannot be a reason for the tree to be chopped-off. The water-fountain could have been shifted elsewhere or in such a manner that the tree was not damaged. Ex-facie, the reason for cutting of the tree is not persuasive. The layout of the road has not been uploaded along with the permission to fell the tree. The proposal for widening of the road or which necessitated the cutting down of the tree or a part of the permission also is not available at the website. What the order says is that a fountain has been proposed to be made for beautifying that part of the street. Let the Tree Officer file documents/site plan which he must have seen as well as records of her/him having visited the site to ascertain that the tree was coming in the way of a road or that it was necessary to cut it down. A detailed affidavit along with the said documents, a report of the site visit, assessment of the need to cut the tree and photographs shall be filed within four weeks.
8. Another tree was permitted to be cut by DCF, Central Forest Division, for the following reason:
"Permission for removal of 01 bottle palm tree is granted. Possibility of transplantation was also explored. But the same is not possible because digging around the tree is not possible due to electric pole erected in very close proximity to the tree. Digging operation will pose grave danger to the residents/passer by."
9. The photograph of the aforesaid palm tree is as under:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 22:18:29 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 22:18:29
10.The photograph shows that the tree was possibly coming in the way of a private construction and not because it was next to an electric pole. The tree could have been saved and there was no reason for it to be cut down. Ex-facie reason for cutting of the tree is unjustified. Let the Tree Officer concerned show his records of having visited the site and/or examined the distance from the electric pole and the wall of the old private construction, as well as the proposed new construction and why the concrete area around the tree could not have been removed for it to thrive. Reply, in this regard, be filed by the Tree Officer or the PCCF within four weeks.
11.List on 24.05.2023.
NAJMI WAZIRI, J MAY 22, 2023 SS This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 22:18:29