New Delhi, Sep 18 (PTI) The Delhi High Court has issued notice to the MCD Commissioner and Deputy Conservator of Forest (DCF), north west district as to why contempt action be not taken against them for violating court orders and not taking steps for deconcretisation of trees.
Lamenting the “pitiable condition” of trees in and around Delhi, the court directed the authorities to file an affidavit about deconcretisation of trees in the city under the signatures of the Municipal Corporation of Delhi (MCD) Commissioner and the Principal Chief Conservator of Forests within two weeks.
“Prima facie, I am satisfied that the MCD as well as the DCF, North West are guilty of contempt of the directions passed by this court and should be punished for contempt of court. The senior officials of MCD and the Department of Forest are responsible to ensure that the orders passed by this court are taken to their logical conclusions through their subordinate officers,” Justice Jasmeet Singh said.
The court was hearing an application seeking directions against the MCD and the Department of Forest for deconcretisation of a peepal/ banyan tree in Old Rajinder Nagar here. The applicant also sought initiation of contempt proceedings against the erring officers.
It was stated that the banyan tree, which seemed to be at least 60 years old, was concretised, and due to the weakening of the roots caused by concretisation, the tree tilted and was threatening an adjoining house.
The applicant stated that instead of deconcretising the tree, the MCD sought permission for heavy pruning and no inspection was done by the Department of Forest. On September 6, 2024 personnel from the Horticulture Department of MCD “incessantly” pruned the tree, leaving it completely bereft of any leaves, the applicant said.
After perusing the photographs, the court said they showed the pitiable condition of the trees in and around Delhi and directed that all possible steps be taken to restore the banyan tree.
“Despite the order having been passed more than two and a half years ago, there are no steps, which are visible on ground, showing deconcretisation of trees and compliance of orders of this court. The present case is a classic example of total disregard for the orders passed by this court and lack of due care,” it said.
“Let notice be issued to the Commissioner, MCD as well as to the DCF, North-West as to why contempt action should not be taken against them for violating orders passed by this court… Let reply be filed within one week from today, wherein both, the Commissioner, MCD as well as DCF North-West shall join through video conferencing,” Justice Singh said in the September 13 order.
The plea was filed in connection with the orders passed by the court in a matter concerning the preservation of trees in the national capital. It had earlier passed directions requiring the tree officers to spell out reasons for permitting the felling of trees.
The court also issued notice to the Principal Secretary of the Public Works Department (PWD) asking why contempt action be not taken against him for violating a last year’s order by which it was directed that the authorities shall ensure that all trees in the Delhi High Court and the district courts are deconcretised within 48 hours.
It said despite almost a year, the trees in the Delhi High Court have not been deconcretised.
“Again the departments continue to show resistance to complying with the orders of the court. It seems that prima facie, the PWD is in contempt of the October 2023 order,” the court said. PTI SKV SKV SK
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