Supreme Court to examine procedure under Tree Preservation Act to cut trees in Delhi

The Supreme Court on Friday (November 8) sought a response from the Delhi Government and its tree authority on the procedure followed to cut trees in the national capital [MC Mehta v. Union of India]..The Court was dealing with a plea which, among other prayers, called for seeking the court's permission before trees are felled in areas covered by the Delhi Preservation of Trees Act, 1994.A Division Bench of Justices Abhay S Oka and Augustine George Masih has directed the tree authority to apprise it about the functioning of its members and the procedure they follow for felling trees."What we proposed to do is hear tree authority and its officer as to what procedure is being followed and how they function? And then we will do what we have to do," Justice Oka orally remarked.The Court has posted the plea for further hearing on November 22..Placing reliance on the official data, the plea had highlighted that around five trees are felled every hour.It had therefore prayed for the formation of a committee to experts headed by a retired judge of the top court or the Delhi High Court to assess the tree regimen of the national capital.Senior Advocate Gopal Sankaranarayanan represented the applicant who filed the plea which is connected to the ongoing MC Mehta case..On June 24, while dealing with MC Mehta case, the top court had called for a comprehensive tree plantation drive after noting the dire condition in Delhi due to the a heatwave.The present plea has urged the Court to direct the Delhi Government and the Ministry of Environment, Forests and Climate Change, to ensure the protection and preservation of existing trees and forests in Delhi.It argues that apart from proper and accountable plantation activity, existing fully grown trees must be protected to preserve the right to life guaranteed by Article 21 of the Constitution.It has, therefore, prayed that the Court restrain the Delhi government from allowing any felling of trees, without the leave of the court.The plea has further sought restraining order to the Ministry of Environment, Forests and Climate Change, from permitting diversion of forests in Delhi, without the leave of the Court..In a bid to safeguard Delhi's ecological heritage, the Supreme Court has been actively monitoring and reprimanding authorities for unauthorized tree felling and lackluster conservation efforts.In another similar case, Delhi Lieutenant Governor Vinai Kumar Saxena who serves as the Chairman of the Delhi Development Authority (DDA), has been in the line of fire after it came to light that the DDA had allowed felling of trees in violation of the top court's directive that prior permission should be obtained from the Court for cutting these trees.In May, the Court had initiated a suo motu contempt of court case against DDA Vice-Chairman Subhasish Panda in this regard..[Live Courtroom Exchange]