HC sets aside DCF's order putting in abeyance permission to DDA to transplant over 600 trees

The Delhi High Court Friday set aside an order of the Deputy Conservator of Forests putting in abeyance the permission granted to the Delhi Development Authority (DDA) for transplantation of over 600 trees for the construction of stormwater drain at Dwarka's sector-8 to cater to water discharge from the Indira Gandhi International Airport.

Justice Najmi Waziri allowed the plea by DDA seeking permission for transplantation of 637 trees and felling of 56 others and asked the Deputy Conservator of Forests to supervise the felling or transplantation of trees by DDA for its project.

The counsel for DDA said that their ''writ petition has been allowed'' and the court has ''set aside the DCF's June 29 order whereby the DDA's permission for felling/ transplantation of trees had been kept in abeyance''.

DDA, represented through standing counsel Prabhsahay Kaur, said the project, costing Rs 88.56 crores, required permission from the Deputy Conservator of Forests (West Forest Division) of the Delhi government for the transplantation of 637 trees and felling of 56 others.

While the permission was earlier granted, it has now been arbitrarily put in abeyance through a June 29 letter of DCF, thereby stalling the progress of the public project indefinitely, DDA said, adding that as per the correspondence, the permission will only be granted after further orders of the high court in a contempt case in which permission for felling of trees has been restricted on April 28.

The counsel said a crucial and significant public project has been arbitrarily stalled.

The DDA's petition said an application was made to the DCF on November 2, 2020, seeking permission for the felling of trees/ translocation and on May 17, 2022, the permission was granted for transplanting 637 trees and felling 56 trees, while mandating compensatory plantation of 6930 trees to be carried out by DDA.

It said that the petitioner made all arrangements for the transplantation and arranged for 6930 saplings of the specific varieties of trees and also deposited Rs 3.95 crore, as directed by the DCF.

"While the petitioner (DDA) was eagerly anticipating issuance of formal final permission letter, the petitioner was shocked and surprised to receive a letter dated June 29, 2022, wherein the respondent (DCF) stated that while transplantation of trees approval had been granted in principle to the petitioner, and confirmed the receipt of the security deposit, however, the said permission has been placed in abeyance and will only be granted after further orders of this court in the matter whereby (as per the respondent's version) vide order dated April 28, 2022, permission for felling of trees has been restricted," the plea said.

In the April 28 order, Justice Waziri had said, "it would be appropriate that the tree officer(s) give due consideration to transplantation of each tree which is sought to be cut, before granting any further permission for cutting of trees. This would entail inspection of the trees which are sought. The reason for grant or denial of permission would have to be spelt out in the order of the tree officer along with photographs of each tree".

On May 19, the court stayed any further felling of trees in Delhi, saying there is no other way to mitigate the ecological and environmental degradation in the city.

"It would, therefore, be in the fitness of things, in the public interest as well as for the sake of the environment for the present and future generations that tree-felling in Delhi is not permitted till the next date, so as to ensure that felling is done only when it is fully ensured by the applicant that the trees would at least be transplanted. Surely, there is no other way to mitigate Delhi's daily ecological and environmental degradation," it had said.

DDA claimed that a perusal of the high court's April 28 showed that it has been grossly misinterpreted by the DCF and the court has not directed a blanket ban on transplantation or felling, particularly not for public projects.

The high court has made a reference to indiscriminate and arbitrary exercise of power by the respondent in granting permission without inspections or application of mind, the plea said.

It contended that the erroneous and flawed interpretation of the DCF of the April order will effectively lead to a complete ban on the implementation of public projects in Delhi by any government agency since many public projects involve transplantation or Felling of trees.

"In lieu of 693 trees that the petitioner seeks to transplant, the petitioner has committed to the planting of 6930 trees of indigenous varieties of Neem, Amaltas, Pilkhan, etc and other Native species, particularly in the vicinity /radius of the same area that they are being moved/removed from. Ergo, there is no adverse impact on the green cover, rather the green cover is being increased tenfold, with varieties that have a positive impact on the environment," the plea said.

DDA sought to direct the DCF to withdraw the June 29 letter or in the alternative, set aside the correspondence.

It sought to direct the DCF to issue formal final permission for the transplantation of 693 trees for the project of Construction of a Storm Water Drain at Sector - 8 Dwarka to cater to water discharge from the IGI Airport, within one week, in light of the ongoing monsoons.