DDA tells Supreme Court it can't find records of Delhi LG's site visit prior to tree felling

The Supreme Court on Wednesday pulled up the Delhi Development Authority (DDA) for its failure to disclose information regarding the visit of Delhi Lieutenant Governor (LG) Vinai Kumar Saxena at the site where trees were felled in violation of the orders of the court [Bindu Kapurea v. Subhasish Panda]..On June 24, a Bench of Justice Abhay Oka and Justice Ujjal Bhuyan had asked DDA to clarify whether directions to cut trees in Delhi's ridge forest area in violation of the Court's orders were issued by LG Saxena in his capacity as DDA Chairperson..Senior Advocate Maninder Singh, appearing for DDA, today told the bench that the DDA was still trying to locate the records regarding the visit of LG Saxena on February 3However, Justice Oka was not impressed."This is absolute recklessness on your part. You cannot find a simple document. Nothing has been done, no meeting of the officers has been called. I really hope that the Vice Chairman is taking the matter seriously? We have all the doubts in the way things are done. We see that the first part of the email which talk about LG being visited is correct," he said. .When Singh tried to convince the bench that there was no malafide (bad faith) intent on the part of DDA, Justice Oka made it clear that the entire episode seemed to be convey lack of bonafides (good faith) on the part of DDA and an attempt to protect higher officers was evident. "We have issued contempt to your vice chairman. That doesn't mean we are sending him to jail but mark it, he has to come with clean hands and inform it very clearly to us as to who directed him for felling of trees. If he does so, he will be doing great service to the environment. If the highest authority has done something, he has to disclose this. This is a remedial measure we have to take for protecting the environment. He has to come with clean hands. There cannot be any cover-up even if something has been done by the highest authority," Justice Oka observed.The Court granted the DDA Vice Chairman one more week to comply with the directions in the order passed on June 24..Documents show Delhi LG issued directions to cut trees in violation of court orders: Supreme Court .The Court was hearing a suo motu contempt of court case against DDA Vice Chairman Subhashish Panda for felling of trees in violation of the Court's orders.Based on a report of the DDA constituted committee to probe the issue, the Court had earlier noted that some emails indicated a site visit by the LG on February 3, 2024, following which the LG had issued directions to cut the trees.It had further observed that the committee had not probed the contents of the email and had entirely blamed three DDA officers..The Court had taken exception to the felling of the trees and said that two documents placed before the Court showed LG's involvement in the same. It had therefore, asked Delhi Development Authority (DDA) to clarify whether directions to cut around 1,100 trees in Delhi's ridge forest area in violation of the Court's orders were issued by the LG.The Court had noted that all facts related to the felling were not on record and underlined the necessity of a detailed enquiry.During the hearing today, the Court asked Singh about the officers present during LG's visit on February 3. Singh said that Ashok Kumar Gupta, a member of Engineering Department, was present. The Court then proceeded to issue notice to Gupta and asked him to file a detailed affidavit explaining what had transpired on February 3 during LG's visit. "Learned Senior Counsel for DDA states that on February 3, Ashok Kumar Gupta, was present. We therefore direct Ashok Kumar Gupta to file a detailed affidavit on what exactly transpired during the visit of LG on Feb 3. He may also state whether any direction was orally issued by LG. We make it clear that Ashok Kumar Gupta will file affidavit as an officer of this court. It is to be filed within 10 days," the Court ordered..When it was pointed out by an intervenor in the case that the DDA has failed to even locate the timber after the felling of trees, the Court observed that it was 100 per cent sure that the same must have been sold with the connivance of the officers of DDA."We are 100% sure that timber will be taken away and sold by the connivance of the officer of by the DDA. We need to find out why the dog didn't bark? When the insides are only involved in this destruction of environment, that's why no objection was done at any point and the dog didn't bark. We are also 100% sure that this is just the tip of the ice berg. It must have happened in so many cases, so many trees must have felled in violation. Only this time it has come forward. We have to take a strong action to send some signals," the Bench said..The Court also berated the Delhi Government for allowing the illegal tree felling and issued a notice to it, stating that various issues are required to be responded by the Delhi Government. The Court said that the Delhi Government "usurped" the Tree Officer's authority under the Delhi Preservation of Trees Act, 1994 by permitting the DDA to remove around 422 trees. It also noted that the DDA removed an additional 200 trees."There was no authorisation for the authority to permit felling of 422 trees. The notification doesn't mean permission granted. 200 more trees have been felled by DDA. The officer of DDA had no answer of the same in the affidavit. What is required by Delhi Preservation of Trees Act is immediate seizure as contemplated by Section 15 and 16. The Delhi Government is not formally a party though a counsel represents the Forest Department. To answer many questions, one of such is that how Delhi Government can usurp power of Tree Officer under Section 29 of 1994 Act to grant permission. Therefore, Delhi government has to explain how such gross illegality has been committed," the Court said.Considering the illegal and high-handed felling of trees, the top court issued notice to Government of Delhi, Tree Authority constituted under Delhi Preservation of Trees Act, 1994, MCDs and NDMC.The Court directed the Principal Secretary of the Forest Department of Delhi government to convene a meeting with the 3-member committee appointed with regard to steps taken to ensure green cover in Delhi..[Read Live Coverage]