Daily Court Digest: Major environment orders (September 18, 2024)
Contempt notices over failure to de-concretise trees
The Delhi High Court, September 13, 2024, issued notices to the commissioner of the Municipal Corporation of Delhi (MCD) and the deputy conservator of forests (DCF), North West district, asking why contempt action should not be taken against them for failing to comply with court orders to de-concretise trees.
The HC directed them to file their replies within a week and appear via video conference. Additionally, another affidavit, signed by the MCD commissioner and the principal chief conservator of forests (PCCF) of the Delhi Forest Department, was to be submitted within two weeks, showing the de-concretisation of trees in Delhi.
All possible steps must be taken to restore a 60-year-old Banyan tree in Old Rajinder Nagar, the subject of the original application, the HC said. “The DCF and the MCD will survey the area to ensure that other similar trees are also looked after,” the order added.
The HC also criticised the agencies involved, describing the case as a classic example of one agency shifting its responsibility to another, demonstrating total indifference towards Delhi's trees and their rampant concretisation.
Justice Jasmeet Singh referred to a previous order from February 14, 2022, in which the court called for the establishment of a ‘Tree Disease Surgery Unit’ within the MCD. The HC also directed that the corporation ensure an adequate number of tree ambulances. The erstwhile South Delhi Municipal Corporation (SDMC) was advised to seek assistance from the New Delhi Municipal Council, which had operated tree ambulances for many years.
In the latest order, the HC noted that despite the order being issued more than two and a half years ago, no visible steps had been taken to de-concretise the trees. The MCD and the DCF were found in contempt of the court’s directions and the NGT held senior officials of the corporation and the department of forests responsible for ensuring the orders were implemented by their subordinate officers.
In a separate order on the same date, the HC also reprimanded the Public Works Department (PWD) for failing to comply with a court order to de-concretise trees at district courts and the Delhi High Court premises.
On October 17, 2023, the court had directed the PWD to ensure all trees at these locations were de-concretised within 48 hours. However, on September 13, 2024, the court observed that the department continued to resist compliance with the orders. The court issued a notice to the principal secretary of the PWD, asking why contempt action should not be taken for violating the 2023 order.
Ashram encroaching into forest in Tehri Garhwal
The National Green Tribunal (NGT), September 17, 2024 directed a joint committee to investigate allegations of an ashram encroaching into forest land in Tehri Garhwal, Uttarakhand.
The tribunal asked for a factual report from the committee, which included the district magistrate of Tehri Garhwal, the divisional forest officer and the Uttarakhand Pollution Control Board. The district magistrate was designated as the nodal authority for coordinating and ensuring compliance with the order.
The committee was instructed to visit the site, gather relevant information and submit a report within one month. The matter was scheduled for further consideration on October 24, 2024.
The complaint, submitted by Nitin Dev of the Deecon Valley Residents Welfare Society in Tapovan, Uttarakhand, claimed that Osho Ganga Dham (Janki Kutiya) at Brahampuri had been expanding illegally into forest areas beyond its leased boundaries.
The expansion involved illegal tree cutting, and although Osho Ganga Dham operated as a spiritual ashram, it was reportedly functioning as a commercial hotel or resort in violation of the lease agreement and the Forest Conservation Act of 1980, the complaint stated.