A case concerning the felling of trees in the protected Delhi ridge area, in which Lieutenant Governor (L-G) V.K. Saxena’s name has cropped up, was shifted to the court of the Chief Justice of India for further hearing.
The petitions were formerly heard by a Bench headed by Justice A.S. Oka, who had called the felling of trees a “brazen act”. Justice Oka’s Bench had also raised pointed questions about an attempt made to “cover up” what exactly transpired during the Lieutenant Governor’s visit on February 3 to the construction site of the Central Armed Police Forces Institute of Medical Sciences (CAPFIMS).
The allegation is that the Delhi Development Authority (DDA), an autonomous body under the Centre, cut over 1,000 trees in the ridge area to widen the access route to CAPFIMS on the L-G’s order on February 3. The L-G is the DDA Chairperson.
On July 12, the Justice Oka Bench had criticised DDA officers for not bothering to inform the L-G that felling trees in the protected area would mandatorily require the prior sanction of the Supreme Court or approval from the Tree Officer under the Delhi Preservation of Trees Act, 1994.
‘Non-existent powers’
The Bench had also slammed the Delhi government for exercising its “non-existent powers” by issuing a notification on February 14 allowing the DDA to fell the trees.
However, on July 24, a three-judge Bench of the Supreme Court headed by Justice B.R. Gavai sought clarity about two seemingly parallel proceedings regarding the tree felling going on in his courtroom and before Justice Oka.
Justice Gavai had noted that the Benches must not end up passing conflicting orders in the case. The judge said the proceedings before him had started in April while the one before Justice Oka began in May.
Justice Gavai had remarked that the case should be heard by the same Bench, and the CJI, as master of roster, should decide the Bench.
The case is now listed for hearing before a three-judge Bench of Chief Justice D.Y. Chandrachud, Justices J.B. Pardiwala and Manoj Misra on August 29.
