The Supreme Courtroom on Wednesday resumed listening to the contempt case in opposition to the Delhi Improvement Authority (DDA) over unlawful tree felling of practically 1100 bushes within the Delhi Ridge space with out court docket permission for a street widening venture. The highest court docket has directed the DDA chairperson (Delhi LG VK Saxena) to file an affidavit by subsequent listening to making full disclosure on the tree felling incident, the place is the timber of the bushes felled and what disciplinary motion has been taken to this point to repair accountabilty on the breach.
The highest court docket as we speak stated that earlier than they take any motion they need the DDA chairperson to take motion and file a compliance affidavit within the high court docket earlier than subsequent listening to. The court docket additional stated that the DDA Chairperson seems to be “misled” within the case.
The highest court docket as we speak grilled the counsels showing for the DDA and the Delhi LG over the tree felling and stated that the authority has loads of explaining to do. The court docket famous that DDA began tree felling even earlier than looking for permission from the court docket. The court docket stated that utility to fell a lot of bushes began earlier than the submitting of the applying for permission in court docket and the identical was suppressed from this court docket.
Saying, that at this stage the fabric on report is ambiguous on sure points the highest court docket sought readability on:
(1) Whether or not in the course of the web site go to on Feb 3 there was any dialogue or intimation with the chairperson of DDA of the permission required by Supreme Courtroom for the tree felling.
(2) Within the occasion of the reply to the one above being constructive, what steps if had been taken to make sure that the permission of this court docket was taken for tree felling.
(3) If the reply of the one above is unfavorable, when was the Chairperson made conscious of the permission required and the precise act of felling bushes had commenced on 16 feb even earlier than an utility was moved earlier than this court docket and ultimately dimissed.
(4) What steps have been taken of the remediation and restoration of the ecological injury by the orders of this court docket earlier.
(5) What disciplinary motion has been taken by the DDA chairperson in opposition to erring offcials to repair accountabilty and what occurred to the timber of bushes felled.
A bench headed by Chief Justice of India (CJI) DY Chandrachud questioned what occurred to the timber of the 1100 bushes felled within the Delhi ridge space. On August 28, the CJI DY Chandrachud transferred the contempt of court docket case initiated by the Supreme Courtroom in opposition to the DDA over unlawful tree felling within the Delhi Ridge space to his bench.
The matter pertains to a case the place the apex court docket pulled up the DDA vice chairman, different officers and questioned Delhi LG VK Saxena’s function in allowing deforestation within the ridge with out court docket permission. Delhi LG can be the chairman of DDA.
Between June-July, the bench comprising Justices Abhay S Oka and Ujjal Bhuyan, heard the case and grilled the DDA Vice Chairman over the unlawful tree felling.
The bench headed by Justice Oka questioned whether or not the enquiry committee it had appointed in earlier order enquired into what transpired throughout Delhi LG’s go to to the positioning earlier than the bushes had been felled in that space.
The highest court docket reiterated that because the chairman of DDA, Delhi LG is amenable to judicial evaluate.
“It was accepted earlier than us that Delhi LG visited the positioning. We need to know what transpired in that go to!” the bench stated.
After going by means of the affidavits filed by the vice-chairman, the highest court docket discovered that emails had been exchanged between the Delhi LG who can be the chairperson of the DDA on this regard. The highest court docket pulled up the DDA for not placing all particulars on report, particularly with reference to who directed the felling of bushes. The court docket sought clarification on the identical.
“We direct the Vice Chairman to state earlier than the Courtroom about whether or not any official report is out there relating to the positioning go to of the LG on third Feb and on what transpired on the go to of the LG. We’d like a transparent assertion of information from the VC, as a result of if what’s indicated within the emails is right, then the felling of the bushes was on the instructions by the LG. We anticipate the DDA to come back clear on this facet,” the bench stated.
The court docket stated such a brazen act on a part of DDA can’t be brushed apart by the court docket and issued contempt discover to DDA officers.
On July 12, the petitioner within the case in opposition to DDA over unlawful tree felling filed a grievance within the Supreme Courtroom alleging that they’re dealing with harassment by Delhi police. Petitioner alleged that the Delhi police is making enquiries about them and was reaching out to the Financial institution they’ve accounts in.
On July 24, a separate division bench headed by Justice BR Gavai, took objection to Justice Oka’s bench taking over the contempt petition.
Justice Gavai noticed that his bench had already issued discover to the DDA on a contempt petition in one other plea on the identical tree felling earlier than Justice Oka’s bench heard the stated plea.
Being attentive to parallel proceedings within the problem of tree felling in Delhi ridge space, Justice Gavai referred the matter to the Chief Justice of India and opined that every one issues pertaining to the Delhi ridge forest be handled by one single bench.