SC mulls setting up panel to vet permission for felling trees in Delhi

The Supreme Court on Friday proposed to set up a committee of experts and said it would direct that the permission granted for felling of trees in Delhi would not be implemented without the panel's nod. 

Referring to the depleting tree cover in the national capital, the apex court observed the committee of experts would look into the permission granted by the tree authority and the tree officers appointed under the Delhi Preservation of Trees Act, 1994. 

"We are going to pass an order that permission granted for felling of trees will not be acted upon unless the committee vets it. It will be subject to the suggestions made by the committee," a bench of Justices Abhay S Oka and Augustine George Masih said, adding that the court would also lay down a related criteria. 

 

"We propose to constitute a committee of experts," it said. The bench was hearing an application seeking to restrain the Delhi government from allowing felling of trees without the apex court's permission. 

"We want to know how the tree authority is functioning," the bench, at the outset, remarked. Additional Solicitor General Aishwarya Bhati, appearing for the tree authority, informed an affidavit was filed in the matter. 

The bench referred to Section 7(b) of the 1994 Act which says the tree authority shall be responsible for carrying out the census of existing trees and obtaining, whenever considered necessary, declarations from all owners or occupants about the number of trees in their lands. 

"Whether this activity has been undertaken? This is the duty of the tree authority. This has to be undertaken first," asked the bench. 

While one of the lawyers appearing in the matter said from 1994 till now, such an activity had never been carried out, another advocate said the tree census was a must and drones and satellite imaging could be used for it. 

"Now we have to examine how the tree authority is functioning. What is the procedure followed for grant of permission," the bench said. 

Another issue the bench wanted to examine in the light of the diminishing tree cover was whether a body experts could be constituted to look into the permission granted for tree felling and without whose permission nobody would fell trees. 

The bench said a similar order was passed for Bengaluru, where if the tree authority granted permission for felling trees, it went to a body of experts to look into it. 

The hearing will take place on November 29 when the bench is likely to examine the affidavit filed by the tree authority and issue directions for the strict implementation of the provisions of the 1994 Act. 

The application, which stated that five trees are felled in Delhi every hour, also sought to restrain the Union Ministry of Environment, Forest and Climate Change from permitting diversion of forests in Delhi without the top court's nod. 

On Friday, the apex court also dealt with another application, which raised a grievance that several trees were sought to be cut for the construction of a foot over bridge. 

The bench agreed to hear the application and said the respondent authorities would ensure no tree was felled for the purpose of construction of the foot over bridge. 

It said the station house officer of police station concerned will visit the site and ascertain whether any tree was felled or felling was in progress.