Was unaware of court order against tree felling: Delhi LG tells Supreme Court

Delhi's Lieutenant Governor (LG) VK Saxena has filed an affidavit before the Supreme Court defending his conduct in the case concerning the large-scale felling of trees in the Delhi Ridge forest area.

A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra had recently asked the LG to explain how these trees were cut, despite earlier directives by the Court 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 to obtain Court's prior permission for felling the trees until after the tree felling began.

He acknowledged that in February this year, he had visited the site of a road widening project to ease access to the Central Armed Police Forces Institute of Medical Sciences (CAPFIMS), when he was told that permission for felling trees is awaited from the 'competent authority.'

As per his affidavit, he had called for the communication of such approval to be expedited, but did not realise that the Court's permission was also required.

"The Deponent was also not aware, nor made aware of the fact that further permission was required from this Hon'ble Court," the LG said.

He added that he was first made aware of permission being needed from the Supreme Court only on March 21 when a proposal of the DDA was received for the constitution of an expert committee. The actual act of felling trees had already started by around February 16.

He submitted that there was no intention to flout the top court's directives and that the manner in which all of this took place was extremely unfortunate.

"The unfortunate event of felling of the trees on account of certain acts of mission and commission on the part of the DDA, without permission of this Hon'ble Court is deeply regretted," the LG's affidavit said.

However, he added that these acts were done in good faith. In this regard, the LG referred to a February 14 notification issued by the Delhi government granting approval for tree felling under the Delhi Preservation of Trees Act, 1994 (DPTA). This may have been misunderstood by field officers to be the go-ahead for the tree felling, the LG said.

Nevertheless, a departmental inquiry has been launched against DDA officials who were responsible for the project's execution and a criminal complaint has also been filed against erring officers before a magistrate, he added.

The LG further emphasised that the tree cutting was for an important project (road widening for CAPFIMS) 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 clarified.

Notably, the LG also urged the top court to discharge DDA's Vice-Chairman, Subhasish Panda from the contempt case initiated against him in this matter.

LG Saxena explained that Panda was undergoing medical surgery when the tree felling took place and did not rejoin office physically until March 12.

"There is no act of omission or commission on the part of the VC, DDA. Therefore, in respectful submission of the Deponent, the VC DDA may kindly be discharged by the orders of this Hon'ble Court from the present contempt proceedings," the LG's affidavit said.

It added that compensatory tree planting measures are already under way. In this regard, the LG mentioned that 170 trees and 4,000 shrubs have already planted. 200 trees and 500 more shrubs are to be planted in Gaushala road in the next seven days.

As per direction of the Delhi forest department, 1,000 trees of 6 feet have also already been planted as part of Project Kalindi Aviral (linked to efforts to revive River Yamuna) by the DDA, the affidavit further highlighted.

Moreover, the LG recounted that the DDA has already pledged in an earlier affidavit that it would plant 100 new trees for every tree felled. The affidavit also mentioned three sites where this is proposed to be done.