Gurugram tree felling row: HC appoints amicus curiae amid ‘planting trees by cutting forest’ claims

Just about five months after the Punjab and Haryana High Court asked the state functionaries to supervise compliance with the condition of planting 10 times the trees cut within close proximity of a DLF project in Gurugram, allegations of “planting the tree by cutting another forest” triggered sharp exchanges before the bench.

The court, as of now, has appointed senior advocate GK Mann as amicus curiae to assist in the matter, and posted the case for further hearing in January.

Appearing before the bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry, Sarvadaman Singh Oberoi – an applicant in person – submitted: “They have planted the tree by cutting another forest, 160 acres. We objected, I filed a criminal case, and it is going on”. He also requested the bench to appoint an amicus curiae or a friend of the court in the matter.

DLF’s senior advocate RS Rai informed the bench that the afforestation condition had been met. “If compliance isn’t made, I’m guilty and should be taken to task. I’m categorical: I completed compliance on September 1. I’ve written to them, they’ve inspected everything, and imposed another condition – I’ll maintain the plants for five years. I’ve agreed. I’ve complied, and I’m willing to maintain them.”

Referring to the judgment, Rai added that “the state of Haryana as well as the interveners were at liberty to revisit this court by filing an application for the revival of the PIL” in case of non-compliance.

The high court had initially taken suo motu notice of a Tribune report on the alleged felling of nearly 2,000 trees for a real estate project, but the bench refused to proceed with the matter after being told that none of the trees permitted to be cut were located in Aravalli Hills.

The bench observed that no ‘khasra’ number, in respect of which respondent-DLF had been granted permission to fell trees, fell within the Aravalli region. “In the absence of any material to the contrary, this court has to rely upon the statement on oath made by Deputy Conservator of Forests, Gurugram, and its contents,” the bench observed.