The National Green Tribunal has dismissed a plea seeking directions to New Delhi Municipal Council (NDMC) to demolish an unauthorised construction, raised allegedly by cutting branches of a tree near a dargah opposite Jama Masjid here.
A bench headed by Justice P Jyothimani, however, granted liberty to the petitioner to approach the appropriate authority under the Delhi Preservation of Trees Act, 1994 for adequate relief.
"We have no hesitation to hold that cutting of some of the branches of the neem tree does not involve any environmental issue, for this tribunal to interfere. It is also relevant to note that under the Delhi Preservation of Trees Act, 1994, there is an authority, namely, the Tree Officer who is entitled to look into this matter," the bench said.
The tribunal was hearing a petition by Peer Sayyad Mairajuddin who had contended that within the premises of the Dargah Harey Bharey Sahab and Sufi Sarmad Shaheed situated opposite to Shahi Gate of Jama Masjid, there is an old Neem tree and the authorities of the mosque have cut branches from the top of the tree and raised the unauthorised construction.
The plea, filed through advocate Hazi Mohd Yameen, claimed that by cutting the branches of the tree, not only the right of devotees in enjoying tree shade is affected but it also deprives them of adequate oxygen.
Mairajuddin also sought a direction to NDMC and others to make a survey of Dargah Harey Bharey Sahab and Sufi Sarmad Shaheed.
"Direct respondents no 1 to 5 to make a spot survey of the dargah premises and to remove the coverage from the trunks and roots of the neem tree and to demolish the unauthorised structure of the dargah premises and to file their status report before this tribunal urgently and immediately," the petition said.
