Supreme Court Bench led by Justice Gavai says Justice AS Oka Bench should not have heard DDA tree felling case

A Supreme Court Bench led by Justice BR Gavai on Wednesday expressed displeasure over the fact that the case related to tree-cutting at the Delhi Ridge forest area by the Delhi Development Authority at the behest of Delhi Lieutenant Governor VK Saxena was being simultaneously heard by another Bench of the Court..The three-judge Bench of Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan proceeded to refer the matter to the Chief Justice of India (CJI), so that the case may be appropriately listed before one Bench."We are following judicial propriety though the other bench has not. For the same cause of action in contempt matter, it should ideally have referred the matter to the Chief Justice," the Bench said..Notably, a Division Bench of Justices Abhay Oka and Ujjal Bhuyan has been hearing a suo motu contempt case against Vice-Chairman of the Delhi Development Authority (DDA), Subhasish Panda.The DDA has been in the dock after over a hundred trees in the Delhi Ridge Forest were cut by the authority in violation of court orders. The case was in the news recently after the bench of Justice Oka took strong exception to the attempt to cover up the role of Delhi LG in felling the trees.The Division Bench had even demanded any explanation from the DDA on whether it had cut the trees based on the LG's directives or whether the decision was made independently..Why Supreme Court issued contempt of court notice to DDA Vice-Chairperson.However, the three-judge Bench led by Justice Gavai has now questioned the propriety of the Division Bench's actions."It would have been more appropriate for the other bench to seek clarification from the Honourable CJI before initiating contempt for same cause of action as observed hereinabove," the three-judge Bench said. .The three-judge Bench made the observation while dealing with an application by the DDA for permission to cut some trees to widen a road to the Central Armed Police Forces Institute of Medical Sciences, Delhi (an exclusive hospital planned for the paramilitary).Senior Advocate Gopal Sankaranarayanan appeared for the petitioners who moved the contempt petitions and argued today that it was not a case of impropriety by the Division Bench. There were separate applications, he explained."I have been hearing it for two years ... We do not understand the resistance in placing it before the CJI. We are not allowing (cutting) or hearing on merits. Recording of arguments is not our findings," Justice Gavai replied.Sankaranarayanan further submitted that a road to the hospital area is already there, and that the DDA should come clean on whether it is actually going ahead with the project."It does not concern me which Bench hears it ... only concerned with the orders. They (DDA) said they will withdraw the project. See the air pollution in this city and they are cutting trees left right centre. Any Bench will act," the senior lawyer said."You are not the only nature-lover here. I have also passed (pro-ecology) orders in Pench (national park) etc. We only want judicial propriety. We are not touchy about any matter," Justice Gavai assured.The three-judge Bench proceeded to place the matter before CJI DY Chandrachud, so that the case may be heard by one Bench and conflicting orders may be avoided. "There are various proceedings pending before the two benches. In order to avoid conflicting orders, it is appropriate that matters of Ridge area are heard by the same bench ... To avoid further conflicting orders, we find it appropriate that for the matters regarding Delhi ridge, the Registrar to obtain necessary instructions and clarifications," the Court ordered..Senior Advocate Vikas Singh appeared for the DDA today. The Amicus Curiae in the matter before Justice Gavai-led Bench is advocate K Parameshwar..[Read Live Courtroom Exchange]