Damage to trees: Delhi HC holds PWD officials guilty of contempt of court

The Delhi High Court on Friday held certain PWD officials and a Delhi police official guilty of contempt of court for violation of judicial orders concerning the preservation and protection of trees.

Justice Najmi Waziri, who was dealing with a contempt petition by Neeraj Sharma concerning the Vikas Marg area in east Delhi, noted that extensive damage was caused to the trees there by the ongoing civil works by PWD which was in breach of the judicial mandate.

“The said work was being carried out under the supervision of Respondent 1 (Executive Engineer-PWD), the concurrence of Respondent 2 (Engineer-in-Chief, PWD), and jurisdictional supervision of Respondent 3 (Executive Engineer). Respondent 4 (SHO concerned) too is liable under the law to protect any damage to the trees,” the court said.

“Fact remains that each of the officers named above are complicit in some measure or the other of having breached the court's directions. Accordingly, they are held guilty of committing contempt of court. Let them be present in the court on the next date for orders on sentencing,” stated the court which listed the matter for further consideration on July 7.

In December last year, the court had noted the “glaring victimisation of trees on account of construction work” in the case and asked the officials to show cause as to why contempt proceedings should not be initiated against them.

The petitioner, represented by lawyer Aditya N Prasad, informed that a total of 11 complaints were filed with PWD, the forest department, and Delhi Police concerning the damage but no action was taken.

It is only when the case was taken up that an FIR was filed and the same is yet to reach any conclusion, the court said.

The Delhi government counsel told the court that it has issued instructions to its departments against the felling of trees in the city pursuant to the interim order of stay passed by the court last month.

“Interim orders apropos no cutting of trees shall continue,” the court said.

The court also asked the authorities to de-concretise the area around trees in certain areas of the city.

In its order passed on December 3, 2021, the court had said that prima-facie, the officials had committed contempt of court and there was nothing on the record to show that any permission was taken from the Tree Officer with respect to the protection of the trees in terms of the earlier judicial orders.

“For reasons best known to the PWD, a healthy full-grown tree was cut down... First, the roots of the tree were cut, weakening its foundation and depriving it of essential life-sustaining water, minerals, and nutrients. Then its branches were hacked-off, crippling it fatally. Lastly, the tree trunk was cut from the base to reduce it to a stump. The last photograph possibly being its epitaph in the name of development,” the court had noted.