HC seeks compliance report on compensatory plantation for trees cut near DLF Gurugram project

Just about six months after the State functionaries were asked to supervise compliance with the condition of planting 10 times the trees cut within close proximity of a DLF project in Gurugram, the Punjab and Haryana High Court on Thursday asked the authorities concerned to file a compliance report in the matter.

“The counsel for the state, Additional Advocate-General, is directed to file a report on the conservator of forest of the area as regards the compensatory part of the plantation, in terms of the permission to cut,” the Bench headed by Chief Justice Sheel Nagu asserted.

The observation came as the Bench recorded the State counsel’s submission that 2,000 trees were cut, and the condition imposed was to plant 10 times the number of trees.

As the matter came up for resumed hearing, the State counsel at the onset submitted that 30,000 trees had been planted and a compliance report would be submitted to this effect.

The Bench also took note of the submission that an application placed before it for revival of the matter did not contain even a single averment regarding the non-compliance of the condition.

“Not even a word to say that the condition imposed by the State, and directed by the court, has not been complied with,” the counsel added.

Taking a note of the submissions, the Bench made it clear that the plea would be taken up for hearing on the next date of hearing for consideration regarding its maintainability. The court was assisted in the matter by senior advocate GK Mann as amicus curiae.

Appearing before and the Bench on the previous date of hearing, Sarvadaman Singh Oberoi – applicant in person – had submitted: “They have planted the tree by cutting another forest, 160 acres. We objected, I filed a criminal case, and it is going on”.

Appearing for the DLF, senior advocate RS Rai, on the other hand, had told the Bench that the afforestation condition had been complied with. “If compliance is not made, I am guilty and I should be taken to task.

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

The Bench had 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.