Delhi High Court stops felling of 60-year-old Peepal tree in Inderpuri on letter petition by Senior Advocate

Timely intervention by a Senior Advocate has stopped the felling of a 60-year-old Peepal tree at Inderpuri in Delhi for the time being [ N. Hariharan v MCD and Ors.]. .On a letter petition and urgent mentioning made by Senior Advocate N Hariharan, the Delhi High Court on October 28, ordered the Delhi Police, North Delhi Municipal Corporation (NDMC) and Deputy Conservator of Forest to ensure that the tree is not cut or harmed in any manner till the next date of hearing of the case."It is directed that till the next date, the NDMC, the Delhi Police and the Office of Deputy Conservator of Forest will ensure that the aforesaid tree located outside House No.A-7, Inderpuri, New Delhi, is not removed or harmed in any manner," the order passed by Justice Rekha Palli said.The Court also issued notice to the three respondents and posted the matter for further hearing on November 11, 2021..Hariharan had, in fact received a phone call at around 3.30 pm in the midst of his court appearances, that the Peepal tree adjacent to his house at Inderpuri was being uprooted by Corporation/Forest Department people and could be cut to sizes in next few hours.He immediately prepared a handwritten one page letter-petition and approached the Bench of Chief Justice but the Chief Justice Court as well as Court of next Division Bench had already risen for the day.The third senior most Division Bench of Justice Sidharth Mridul and Justice Anup Bhambhani was then approached who were busy in hybrid hearing. After it finished hearing cases, the plea was mentioned at 4.30 pm and the Bench directed the Registrar to list the petition immediately subject to the orders of the Chief Justice. The plea was thereafter numbered within 45 minutes and got listed before the Bench of Justice Rekha Palli. By then, the lawyer for Forest department and NDMC were informed to join the hearing. Hariharan, appearing in person, told the Court that the tree was being cut illegally and sought urgent interim relief.NDMC represented by advocate Abhinav S Aggarwal, submitted that as per his instructions, an order was passed by the Office of Deputy Conservator of Forest, permitting relocation of the said tree. He, however, added that he was not in a position to give any details of the said order.Advocate Gautam Narayan, who appeared on behalf of the Delhi Police and the Office of Deputy Conservator of Forest, also said that he was not in a position to inform the Court about any such order..The Court after hearing the parties, observed that grave and irreparable harm will be caused to the environment and the residents of the locality if the said tree is permitted to be cut without examining the petitioner's plea alleging that the action is not backed by any valid order. Therefore, the NDMC, Delhi Police and the Deputy Conservator of Forest were directed to ensure that the tree is not removed/harmed in any manner, till the next date of hearing..[Read Order]