New Delhi, Oct 16 (PTI) The Supreme Court on Wednesday directed Lieutenant Governor (LG) and Delhi Development Authority (DDA) Chairperson V K Saxena to file a personal affidavit detailing actions against erring officials for allegedly illegally felling around 1,100 trees in Delhi Ridge area in February.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said it wanted the LG to fix accountability of the erring officials and take action, including disciplinary proceedings and criminal prosecution, without waiting for any judicial directions before October 22, the next date of hearing.
The top court sought a slew of information from the Delhi LG while hearing a contempt case against the DDA Vice-Chairman Subhasish Panda, other officials and some private parties over the alleged felling of trees. The tree felling drive was purportedly done for widening the road going towards Central Armed Police Forces Institute of Medical Sciences (CAPFIMS) Hospital.
The bench, however, said it transpired from the records that the DDA chairperson visited the site on February 3, and ordered the expedition of the road widening process.
Seeking certain information from the LG, the bench said, “Whether during the course of the site visit on February 3, 2024, there was any discussion or intimation furnished with the DDA chairperson on the permission required to be obtained from this court for the felling or removal of trees.” It further said, “In the event of the answer to the one being positive, what steps, if any, were taken to ensure that the permission of this court would be obtained before the actual felling of trees took place?”.
“In the event of the answer being negative, when was the DDA chairperson first made aware of the fact that permission was required from this Court for the felling of trees?” the order noted.
The felling of trees reportedly commenced on February 16, 2024, before an application was moved, being ultimately dismissed by an order of March 4, the top court noted.
“What steps, if any, have been taken for the remediation and restoration of the ecological damage which has been caused by the felling of trees despite the admitted absence of any permission from this court?” questioned the bench.
The affidavit will also include steps for identifying the officers responsible for the “wilful act of suppression” from the court in the application seeking permission.
“Whether any disciplinary proceedings have been instituted against the officials responsible,” it said.
It asked the LG to give his view on whether or not criminal action should be taken against all the officials responsible for the breach of the binding directions of the top court.
“In the event, the DDA chairperson is of the view that disciplinary action and initiation of criminal prosecution should be taken up, we would expect such action to be taken in the interregnum without waiting for the directions of this court,” the order said.
“The affidavit shall be personally filed by the chairperson of the DDA making a full disclosure, both on the basis of the material on record and of facts which are personal to the knowledge of the chairperson, bearing in mind what transpired at the site visit,” it said.
The bench also sought to know the specific manner in which the timber of felled trees was dealt with while asking the LG to indicate whether the timber was inventoried or not.
“The DDA chairperson shall take steps to affix accountability in respect of any act of omission or commission by the officials or any third parties involved,” it said.
It asked senior advocates Mahesh Jethmalani and Maninder Singh, appearing for the LG, to inform the DDA chief to “deal with authority and ensure action is taken on ground”.
The contempt case against the DDA officials and others was being heard by a bench headed by the CJI after two different benches heard connected but separate aspects of the contempt case.
A bench of Justices Abhay S Oka and Ujjal Bhuyan had previously heard the matter.
The bench had then issued a criminal contempt notice against Panda for allegedly allowing large-scale felling of trees in the southern Ridge’s Satbari area for the construction of a road from Chattarpur to South Asian University.
It had expressed displeasure over a misleading affidavit filed by the vice-chairperson.
On July 24, another bench of Justices B R Gavai, P K Mishra and K V Viswanathan took note of two separate contempt proceedings pending before different benches over the felling of trees in Delhi’s Ridge area and prioritising “judicial propriety”, not wanting any conflicting orders.
Maintaining that it would be appropriate if matters about the Ridge were heard by one bench to avoid conflicting orders, Justice Gavai-led bench had wondered when a bench was already seized of the matter should a subsequent bench have looked into it.
The apex court on March 4 refused permission to the DDA to fell 1,051 trees, saying that their application was “very vague”. PTI SJK AMK SJK AMK AMK
