SC orders tree census in Delhi

A Bench led by Justice Abhay S Oka directed the Forest Department of the Delhi Government to involve the Forest Research Institute (FRI) in the census. The assistance of three experts – retired Indian Forest Service officers Ishwar Singh and Sunil Limaye and tree expert Pradeep Singh – has to be taken, the Bench said.

“The infrastructure shall be provided by the Government of India as per the requisition made by the Tree Authority," it ordered.

Tree officers will inform every applicant that even if permission is granted by them, the same cannot be proceeded with unless vetted by CEC, it said.

“The precautionary principle requires the government to anticipate and prevent and eradicate causes of environmental degradation including to act sternly against violators,” the Bench said, while dealing with a plea seeking to make it mandatory to have the court's permission for felling of trees in areas covered under the Delhi Preservation of Trees Act, 1994.

It directed the CEC to examine the documents for tree felling and decide whether to grant permission or any modification was required.

On receipt of documents, it will be open for CEC to call upon tree officers to get additional documents. The committee will consider the application and all other aspects and will decide whether permission deserves to be granted or be granted with some terms and conditions, the order read. "We make it clear that while granting permission to felling of 50 or more trees, unless the thing is exceptional, the condition should be imposed as to planting of trees else permission for felling should not proceed," it said.

Regarding Section 9(4) of the Delhi Preservation of Trees Act, 1994 which talked about a “deemed permission” for tree cutting in case the tree officer does not communicate his decision within 60 days, the Bench ordered “that no one shall act upon deemed permission under section 9(4) without the permission of the court."