Delhi HC initiates contempt action against ex-forest department head, tree officer for felling 2 trees in GK-II

The Delhi High Court has held the Delhi government's ex-top forest official and another officer guilty of contempt of court for granting permission to cut down two fully grown trees in Greater Kailash Part-II in violation of the court's earlier orders.

Justice Jasmeet Singh found CD Singh, former Principal Chief Conservator of Forests (PCCF), and Mandeep Mittal, ex-tree officer (South Forest Division), guilty under Section 12 of the Contempt of Courts Act for wilfully disobeying orders passed on April 28, 2022 and May 19, 2022 in an earlier contempt case.

“Despite repeated directions passed by this Court, requiring the Tree Officers to give consideration before granting permission for cutting of trees, which entails providing reasons for grant or denial of permission in the order granting permission with photographs of each tree, the contemnors/ respondent Nos. 1 [Mittal] and 2 [Singh] continues to grant permission without any application of mind,” the Court observed in its July 22 order.  

It has now asked both the officers to file an affidavit explaining why they should not be sent to prison (which may extend to six months) or fined. 

The Court will hear the matter next on September 2. 

Justice Singh passed the order on a plea filed by one Harsh Vardhan. He alleged two trees were cut down in front of a property in Greater Kailash Part-II to make way for construction, despite the court's standing directive that tree officers must inspect each tree, record clear reasons for granting or denying felling permission and attach photographs before allowing any tree to be cut.

The Court was told that the permission order dated February 28, 2023 to cut the trees only said that the trees stood in front of the main gate of a proposed building and did not offer any other justification to cut down the two trees.

The Court ruled that this justification was not“good enough” as the trees were on a pavement and not within the boundary wall of the premises.

Justice Singh observed that if such reasoning were accepted, virtually all the city avenues would, sooner or later, be devoid of trees.

The Bench also noted that Mittal had in a November 2022 affidavit filed in a separate contempt case, assured the court that all future permissions would contain detailed reasons and photographs. However, he failed to follow this in the present matter, the Court said.

Notably, the Court also said that the PCCF was equally responsible as the administrative head overseeing tree officers. It also underscored that the officer had filed no response affidavit despite the seriousness of the allegations.

Advocates Aditya N Prasad and Pratyush Jain appeared for Harsh Vardhan. 

Advocates Vaishali Gupta, Sumit K Batra and Priyanka Jindal represented the Delhi government.

Central Government Standing Counsel (CGSC) Ashish K Dixit with advocates Umar Hashmi, Ayush Kumar and Iqra Shiekh appeared for Delhi Police.

[Read Order]