The Supreme Court of India has levied a fine of Rs 25000 on each of the four officials of Delhi Development Authority (DDA) responsible for wilful contempt of the court. The court however, absolved Lieutenant Governor of Delhi Mr VK Saxena and all officers of the Forest Department.
The case pertained to felling of over 1000 trees in South Ridge Forest to construct a road from Satbari Road to Central Armed Police Forces Institute of Medical Sciences (CAPFIMS). The judgement of the SC bench comprising Justice Suryakant and Justice N Kotiswar Singh, delivered on May 29, termed the case as a “classic case of institutional missteps and administrative overreach.”
Indian Masterminds had extensively covered the rampant felling of trees in the ecologically sensitive Southern Ridge at that time. The reports titled DDA Felled 1051 Trees Illegally, Lied To The SC, Faces Criminal Contempt – https://indianmasterminds.com had clearly mentioned how DDA had misled the Supreme Court.
The court in its order mentioned that it contemplated even more stringent action against the erring DDA officials, but it desisted in view of the “overwhelming public interest” served by a new road leading to a multi-specialty hospital for the Central Armed Police Forces (CAPF).
DDA’s internal inquiry had named executive engineer Manoj Kumar Yadav, officials Pawan Kumar and Ayush Saraswat, and superintendent engineer Pankaj Verma for suppressing facts from the court. While sparing them imprisonment, the court imposed an environmental fee of ₹25,000 on each, directed departmental action, and issued an official “censure.”
“These acts… fall squarely within the ambit of ‘criminal contempt’ as defined under Section 2(c) of the Contempt of Courts Act, 1971,” the court said.
To prevent future violations, the bench mandated that all orders or notifications relating to tree felling, afforestation, or construction activity with ecological impact must explicitly mention any pending cases before the court. “This direction is being issued to ensure that, in future, the plea of ignorance is not taken as a defence,” the order stated.
To compensate for the environmental damage, the court accepted DDA’s proposal to undertake a large-scale afforestation drive over 180 acres. A court-nominated panel – comprising former Indian Forest Service officer Ishwar Singh, ex-principal chief conservator of forests Sunil Limaye, and environmentalist Pradip Kishen – will inspect the land and recommend suitable native species, planting methodology, and post-care maintenance. The Delhi government’s forest department has been directed to implement the plantation, while DDA will bear the costs.
The court ordered biannual progress reports from the DDA and Delhi government, complete with photographs and videos. It also asked both agencies to implement a separate expert report recommending steps to enhance Delhi’s green cover.
As a further safeguard, the court allowed the Delhi government and DDA to identify whether the new road had disproportionately benefited any affluent individuals and to levy a one-time charge on them in proportion to the construction cost.
directed an expert three-member panel to oversee the extensive afforestation work carried out 185 acres by the Delhi Development Authority (DDA) in view of felling of trees for construction of an approach road in the city’s Ridge area.
A bench of Justices Surya Kant and N Kotiswar Singh said in light of the extensive ecological damage caused, urgent and time-bound remedial measures must be undertaken by DDA in coordination with the Delhi government.
“These efforts shall be guided and overseen by the committee constituted by this court and comprising Ishwar Singh, Sunil Limaye and Pradip Krishen,” the bench said, asking its directions to be complied within a period of three months.
The top court, which held DDA officials guilty of contempt for wilful disobedience of the court’s order banning felling of trees in the Ridge area for widening of an approach road for a hospital for paramilitary forces, imposed a fine of Rs 25,000 each on the errant officials.
It, however, said that though the misadventure undertaken by them was in clear contravention of this court’s orders, the underlying objective of having a broader approach roads for Central Armed Police Forces Institute of Medical Sciences (CAPFIMS) appears to be not in bad faith.
Issuing a slew of directions, the bench directed the DDA to arrange the visit of the committee to see the suitability of the 185 acres of land identified and proposed to be used towards compensatory afforestation.
“If the committee opines that such land can be utilised for the purposes of afforestation, it may then, with the assistance of other domain experts, initiate the process of selection or shortlisting of appropriate native species, the methodology of plantation, survival rate monitoring, and post-plantation maintenance and care,” it said.
The top court said the committee may commence the afforestation exercise by formulating a plan that ensures the plantation of trees is undertaken in a manner that optimally maximises the ecological advantage of the impending monsoon season.
The bench said in order to ensure strict and effective enforcement of afforestation work, the forest department shall work under the supervision of the committee, for which, the entire expenditure is to be borne by the DDA and disbursed to the forest department.
“The Forest Department is directed to strictly abide by the directions issued by the Committee and will be responsible for maintaining detailed records of the health, survival, and mortality rates of the saplings planted,” it said.
The top court said in view of the concerns raised regarding the potential undue benefit accruing to certain affluent residential owners from the construction of the approach roads, the Delhi government, in consultation with DDA, is directed to undertake a due identification exercise of such beneficiaries.
“Upon such identification, the GNCTD, along with DDA, shall be at liberty to impose a one-time levy, commensurate with the proportionate cost of construction, on such affluent individuals who may be the direct beneficiaries of the newly constructed road. Such a fee shall, however, be levied in accordance with principles of natural justice,” it said.
The court said the DDA and the forest department shall submit a jointly signed bi-annual compliance report before this court, duly supported by photographic and video documentation, clearly evidencing the status and upkeep of the afforested areas.
“The DDA, in conjunction with the GNCTD and the forest department, are further directed to implement in full earnest the comprehensive measures recommended by the Court appointed committee in its final report, aimed at enhancing and restoring the green cover within the National Capital Territory of Delhi. These measures shall be treated as binding and implemented under the supervision of the Committee, with periodic progress reports filed before this Court,” it said.
It directed the DDA to ensure the expeditious completion of the approach roads as envisaged, keeping in mind that the construction was at varying stages of progress prior to the cessation of work.
“The Committee, in this context, may also explore the possibility of implementing a thick coverage of healthy trees on both sides, in congruence with such road construction,” it said.
It directed that the departmental proceedings initiated against the erring DDA officials, if pending, shall be concluded expeditiously and in any event no later than six months.
