SC holds DDA guilty of contempt in tree-felling case, imposes environmental fee

The Delhi Ridge tree-felling contempt case against the Delhi Development Authority (DDA) has seen a new development, as the Supreme Court held DDA officials guilty of contempt for felling trees in the Delhi Ridge area without the court's permission.

The tree felling was done for a road-widening project intended to facilitate access to the CAPFIMS Paramilitary Hospital in Maidangarhi, New Delhi.

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The court said that this was a “classic case of institutional missteps and administrative overreach,” marked by failure to obtain permission, disregard for court orders, and resultant environmental degradation, and held that this was criminal contempt.

The bench of Justice Surya Kant and Justice N Kotiswar Singh further directed that from now on, "Every notification or order regarding afforestation, road construction, tree felling or any activity with potential ecological effect must explicitly mention the pendency of the relevant proceedings before this court. This is directed so that ignorance is not taken as a defence in future."

Afforestation plan

The court asked the DDA to impose a one-time levy on affluent persons residing in the Ridge area who benefitted from the widening of the road and formed a three-member committee to oversee the appropriate compensatory afforestation plan, directing the panel to ensure thick tree cover on both sides of the approach road.

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"As a nation rooted in rule of law, there is immense faith placed in judiciary...when there is willful disregard, court ought to take strict view. We have divided the conduct into 2 parts - simpliciter non-compliance with requirement to seek permission and deliberate concealing from court that tree-felling had already [occurred]. Conscious non-disclosure strikes at heart of judicial process, may cause prejudice and carried potential to...respondents' conduct has been contemptuous. Their acts fall in scope of criminal contempt," said the court in its decision.

Environmental fee imposed

The contempt proceedings against former DDA vice chairman Subhashish Panda were closed by the bench, as he is no longer associated with the DDA at this point.

But it imposed an environmental fee of ₹25,000 each on other officials involved in the case, saying that departmental action may be taken as well.

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The court acknowledged that the road-widening project was undertaken to serve the CAPFIMS Hospital, which caters to the needs of paramilitary personnel.

But it further asserted that the constitutional court has a duty to consider decisions of larger public interest, and is guided in its decisions by the principles of constitutional morality and social justice.

DDA to bear afforestation cost

The court directed that urgent measures be undertaken jointly by the DDA and the Government of National Capital Territory of Delhi (GNCTD) within three months. A committee constituted by the court will oversee this process.

The court also directed the identification of 185 acres of land, the details of which are to be reported to the committee. If the committee has to frame an afforestation plan, which the Forest Department will implement under its supervision, the entire cost of the afforestation will be borne by the DDA.

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The DDA and the Forest Department have to submit a joint report evidencing the upkeep of the afforested areas. Additionally, the DDA and the GNCTD must implement further comprehensive measures, as prescribed by the committee, to enhance Delhi's green cover.

The court emphasised that these directions are binding, and the parties must file periodic compliance reports before the court.

Previous hearings

The matter was first heard on several days in June-July 2024 by a bench comprising Justices Abhay S Oka and Ujjal Bhuyan, during which the DDA and its vice chairman had to face several tough questions from the bench. During the hearings, the bench had observed that the materials indicated the role of Delhi Lieutenant Governor VK Saxena, who happens to be the chairman of the DDA, in ordering the tree felling in Delhi's Ridge forest.

At the last hearing on July 12, the bench had warned that it would issue contempt notice to the Lieutenant Governor and posted the matter for further hearing on July 31.

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Meanwhile, on July 24, another bench led by Justice BR Gavai (now CJI), took objection to Justice Oka's bench taking up the contempt petition. Justice Gavai observed that his bench had issued notice to the DDA on a contempt petition (filed by another petitioner) with respect to the same tree felling much before Justice Oka's bench initiated the proceedings.

The bench led by Justice Gavai, noticing the parallel proceedings, referred the matter to the then-Chief Justice of India and opined that all matters pertaining to the Delhi Ridge forest be dealt with by one single bench.