HC drops suo motu proceedings against DLF in felling case

Less than a month after it took suo motu notice of a Tribune news-report on the alleged felling of nearly 2,000 trees for a real estate project, the Punjab and Haryana High Court has dropped further proceedings after being told that none of the trees permitted to be cut were located in the Aravalli Hills.

The court directed that respondent-DLF should ensure compliance with all terms and conditions subject to which tree-felling permissions were granted, especially the requirement of planting 10 times the number of trees cut during this monsoon season.

It further directed state authorities to strictly supervise the fulfillment of the afforestation condition — requiring DLF to plant approximately 28,000 trees during the monsoon, in lieu of the 2,800 trees permitted to be felled.

Failing compliance, the State of Haryana as well as the interveners would be at liberty to seek revival of this public interest litigation by filing an application.

The Division Bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry 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.

“Since none of the Khasra numbers in regard to which respondent-DLF has been granted permission to fell trees fall within Aravalli Hills, this court is not deeming to properly proceed with the matter,” Chief Justice Nagu added, while speaking for the Bench.

The court had earlier taken cognizance of the news-item ‘DLF project sparks outcry in Aravallis, activists protest outside minister’s home’, published on June 12. The report had referred to environmentalists’ claims that nearly 2,000 trees were felled across 40 acres for a real estate project in violation of environmental norms, triggering protests and petitions.

In its order disposing of the PIL, the High Court also noted that permission to fell trees had been granted to respondent-DLF by different orders after following the due process of law. It directed the authorities to strictly supervise the compliance of afforestation conditions imposed on the real estate company.

Counsel Deepak Balyan was representing the municipal corporation and Ankur Mittal appeared for the State.

DLF was represented by senior advocates Randep Singh Rai and Chetan Mittal.