Each Felled Tree Only Aggravates The Ever Increasing Air And Noise Pollution: Delhi High Court

Observing that each felled tree only aggravated the ever increasing air and noise pollution, the Delhi High Court, in its order in a Contempt of Court petition on July 13, stated that Government projects were necessarily required to keep environmental issues into consideration and that no amount of concrete-scaping could replace the loss of or damage to the green cover.

Justice Najmi Waziri, in his order in a contempt petition said, “It appears that the project was sought to be executed without any ostensible concern for the green cover, in a city which gasps for fresh air every moment.”

The contempt was initiated for the breach of Court’s order which had forbidden felling of trees for any developmental work. However, in breach of the order, street scraping project of the government was carried out. The Court, disregarding the importance being attributed to the governmental project, said that an apology could never be accepted in a case where there is deliberate violation of its orders. 

“..simply because it was a project on behalf of the government, purportedly in the larger public interest, would not qualify it to be carried out in breach of the law,” the Court observed. The Court said that where a person/government officer has himself issued restraint and cautionary orders and is fully aware of court directions, as well as the statutory limitations, yet goes ahead to breach the same, he is in willful default and conscious breach of the law and he renders liable himself for the consequences that would flow therefrom. 

The Court held the officers guilty of contempt of court and observed that the contemnors had done nothing to mitigate their wrongdoing even though five weeks had elapsed since the breach took place.

The Court observed that, “77,420 trees were permitted to be cut-down/felled in the years 2019, 2020 and 2021 through applications under sections 9 and 29 of the Delhi Preservation of Trees Act, 1994 (“DPT Act”). If the average age of each tree was 20 years, then Delhi has lost 1,54,000 years of tree life because of the permitted tree-felling.”

Senior Advocates Kirti Uppal and Ramesh Tiku appeared for the contemnors and apprised the Court that the PWD officials who were in breach of Court order, would volunteer to plant 830 trees around the Supreme Court and the Mathura road stretch, in order to mitigate their wrongdoings. The counsels assured that the trees will be planted by July, 20. 

The Court, after being assured of the voluntariness of the contemnors to mitigate up to an extent the damage caused, kept the sentence order in abeyance till the matter gets taken up on the next date of hearing on July, 21.