Delhi tree felling: CJI Sanjiv Khanna recuses from hearing contempt case involving Delhi LG VK Saxena

The Chief Justice of India (CJI) Sanjiv Khanna on Monday recused himself from hearing a contempt of court plea seeking action against officials of the Delhi Development Authority (DDA) for cutting trees in Delhi's Ridge Forest area in violation of court orders [Bindu Kapurea v. Subhsish Panda].

Delhi's Lieutenant Governor (LG) Vinai Kumar Saxena, who is the Chairperson of the DDA, had also come in the line of fire in the said case for allegedly giving instructions to cut the trees.

In his defence, he has claimed that he was not aware of the need to seek the Court's permission for such an action.

The matter was listed today for hearing before a Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar, following the recent retirement of CJI DY Chandrachud.

Pertinently, it was for the first time that the matter was listed before Justice Khanna after his recent appointment as the CJI.

Soon after the case was taken up, CJI Khanna said he would not be able to hear the case.

"One thing I would like to point out - when I was NALSA [National Legal Services Authority] Chairman I had gone to Patna ... and with Delhi LG had toured jails there. So it will not be appropriate for me to hear a writ [which is] in his personal capacity," CJI Khanna explained.

The matter was then adjourned with the order for it to be listed before another Bench.

"Re-list in week commencing November 27," the Court ordered.

The tree cutting in focus had taken place in February. The Court had earlier asked the LG (who serves as the DDA's chairman) to explain how the trees were cut, despite earlier directives against cutting trees in the area without the top court's permission.

In an affidavit dated October 22, LG Saxena said that he was not made aware of the requirement of prior permission, and had acted in public interest. The Delhi LG claimed that he got to know about the requirement of the Court's nod only in March - after the tree felling happened in February. LG Saxena also told the Court that he was apprised about the actual cutting of trees only in June.

However, a Bench of CJI DY Chandrachud with Justices JB Pardiwala and Manoj Misra last month questioned this claim.

In this regard, the Court - after going through an official affidavit - found that DDA's then Vice Chairman Subhashish Panda, who has since been transferred to the Prime Minister's Office (PMO), had informed LG Saxena about the tree cutting in April itself.

Meanwhile, the LG has also emphasized that the tree cutting was for an important project in which ₹2,200 crores of public funds have already been invested. Further, the actual figure of the trees felled is approximately 642 trees and not 1,100 trees as earlier told to the Court, he claimed.

Notably, the LG further urged the top court to discharge Panda from the contempt case initiated against him.