Tree felling in Delhi Ridge: Supreme Court directs levy on affluent beneficiaries, raps DDA

The Supreme Court on Wednesday, 28 May, directed an expert three-member panel to oversee the extensive afforestation work carried out on 185 acres by the Delhi Development Authority (DDA) in view of the felling of trees for the construction of an approach road in the city's Ridge area.

A bench of jJustices Surya Kant and N. Kotiswar Singh said that in light of the extensive ecological damage caused, urgent and time-bound remedial measures must be undertaken by the 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 be complied with within a period of three months.

The top court, which held 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 the 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 a visit by 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 .

"Upon such identification, the GNCTD, along with the 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 also 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.