NEW DELHI, Nov 29: The Supreme Court on Friday highlighted the need for a census of trees in the national capital and said it wanted to create an authority to supervise the work carried out by the tree officer.
A bench of Justices Abhay S Oka and Augustine George Masih said the issue over the strict implementation of the provisions of the Delhi Preservation of Trees Act, 1994, required immediate attention.
“Apart from tree census, that order we are going to pass, we also want to create an authority. That authority will verify whether the tree officer has done a proper job. Somebody has to supervise the permission granted,” the bench said.
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The provisions of the 1994 Act, which provide for preservation of trees in the NCT of Delhi, deals with the establishment and duties of the tree authority and appointment of a tree officer.
The bench was hearing an application seeking to restrain the Delhi government from allowing felling of trees without the apex court’s permission.
During the hearing, the bench asked the lawyers appearing in the matter to give suggestions on the basis of which the authority should be constituted.
It observed that not only individual experts were required, but an institution had to be involved in this process also.
“We always believe that in environment matters, harsh orders are warranted,” the bench noted.
The top court remarked that the lawyers appearing before it in matters related to preservation of environment and protection of trees were very cooperative and they have always taken a fair stand before the court.
“We are grateful. Your lordships are doing it for our better future, our children’s better future,” Additional Solicitor General Aishwarya Bhati said.
The top court termed as very important the issue concerning strict implementation of the provisions of the 1994 Act.
“To enable the counsel appearing for the parties to address us on the issue, we direct that the petition shall be listed on December 18,” it said.
One of the lawyers appearing in the matter referred to the notifications issued by the Delhi government in the past exempting any area or any species of trees from the provisions of the 1994 Act.
“This power, for the interim, has to be curtailed. They cannot keep on issuing notifications under Section 29 (of the Act),” he said.
Section 29 of the Act pertains to power of the government for exemption.
While one lawyer boasted of there being a “lot of awareness” among people, another lamented the ground situation saying it was “as bad as it was” before claiming two trees had been felled inside the Supreme Court premises.
The advocate said complaints on the tree helpline of the forest department, elicited no response.
“You place that complaint on record,” the bench said.
On November 22, the apex court proposed to set up a committee of experts and said it would direct that the permission granted for felling of trees in Delhi would not be implemented without the panel’s nod.
Referring to the depleting tree cover in the national capital, it observed the committee of experts would look into the permission granted by the tree authority and the tree officers appointed under the 1994 Act.
The bench referred to Section 7(b) of the 1994 Act which says the tree authority shall be responsible for carrying out the census of existing trees and obtaining, whenever considered necessary, declarations from all owners or occupants about the number of trees in their lands.
The application filed in the top court stated that five trees are felled every hour in the national capital.
It also sought to restrain the Union Ministry of Environment, Forest and Climate Change from permitting diversion of forests in Delhi without the top court’s nod.
During the hearing on Friday, the apex court dealt with several other applications, including the one which claimed that several trees were sought to be cut for construction of a foot-over bridge.
One of the advocates said while hearing the matter on November 22, the top court asked the SHO of Inder Puri and Narayana Vihar police stations to immediately visit the site and ascertain whether any tree cutting has been made or in progress.
Bhati informed the bench no tree was cut there. (PTI)
