‘Trees are not expendable commodity’: Delhi HC asks forest dept to ensure its involvement in infrastructure projects

The Delhi High Court was hearing a contempt plea seeking action against officers allegedly not complying with its directions from 2022. Observing that trees are not “expendable commodity”, the Delhi High Court on Wednesday asked the Delhi government’s forest department to file an affidavit saying that it will be involved in the planning stage of all infrastructure projects undertaken in the city before permission is given for felling trees. The court was hearing petitioner Bhavreen Kandhari’s contempt plea seeking action against tree officers who were allegedly not complying with the clear directions from the high court in an April 2022 order requiring them to “spell out reasons for felling of even a single tree”. Appearing for the petitioner, advocate Aditya Narayan Prasad submitted before a single-judge bench of Justice Jasmeet Singh that the National Green Tribunal (NGT) in November 2013 passed an order directing that the forest department will be represented in the Unified Traffic and Transportation Infrastructure (Planning & Engineering) Centre (UTTIPEC), which examines and approves projects regarding traffic and transportation in the city. Justice Singh orally observed, “There are orders of NGT and the Supreme Court that the forest department has to be involved in all infrastructural projects, and their nod has to be taken before you undertake metro (work) or road alignment, or construction of national highway (projects). But it is not happening. After investment of (Rs) 150 crore, you say now it is ‘fait accompli I will cut 200 trees because too much money has gone we can’t realign’.” While asking the Union Ministry of Urban Development to also file an affidavit on this aspect, Justice Singh further orally observed, “The court will never come in the way of development. But somebody from the forest department needs to apply their mind that this tree can be saved, or a road may be realigned or maybe a flyover can be elevated a metre ahead or a metre back… But there has been no thought process. Trees are not an expendable commodity.” As the counsels appearing for the Centre and the forest department agreed that trees were not an expendable commodity, the high court asked if everybody was in agreement, then why the city was witnessing high air quality index (AQI) levels “Why aren’t you helping the people of Delhi? You are the people who have to make the decisions. Why is it that the court has to take the decisions? I am not equipped and I don’t know how to bring down the AQI. I only know AQI is very high, people of Delhi are suffering and we have to bring a solution. But I dont have the know how. If you think it can’t be done then you file an affidavit that this is the norm and people of Delhi should live with an AQI of 500, I will record it…This can’t be a lifestyle that every winter there is 500 AQI…That three months no construction takes place and then we have to wait for a rainfall. It’s troublesome,” the high court said and listed the matter for February 28. 

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