New Delhi: The Supreme Court on Thursday issued a suo moto notice for criminal contempt to the Delhi Development Authority (DDA) vice-chairman about tree felling in Delhi's Ridge Forest area in violation of its previous orders, terming it a "grossly illegal act and contemptuous act". A bench comprising Justices Abhay S Oka and Ujjal Bhuyan said, “Felling of trees without seeking permission of this court is a wilful breach of orders passed by this court…," and further added that material was suppressed from the court, which is interference with judicial proceedings, and also amounts to interference and obstruction of the administration of justice.
“We had already issued a show cause notice for civil contempt on the contempt petition. We issue suo moto notice of criminal contempt to the vice-chairman of DDA”, said Justice Oka. Attorney General R Venkataramani, at this juncture, requested the court to defer, for the time being, the issuing of a notice of criminal contempt to the vice chairman. Justice Oka said after noting what has happened, if we do not issue notice, then we will be failing in our duty.
The bench directed the vice-chairman to disclose the names of all officers responsible for violating the orders of the court regarding tree felling, as they have also prima facie committed criminal contempt. "So that we can issue notice to all those officers”, said Justice Oka. The bench said the work of cutting trees was entrusted to the contractor without seeking the permission of the court and “we must note here that trees, which were cut are in the ridge area, which is also a forest area”. The bench stressed that inquiries have to be made regarding officers, who entrusted the job of cutting trees to the contractor and the DDA should come clean and stressed that a clause should have been inserted in the contract that felling of trees is only permitted after the apex court allows it.
The bench observed that in complete violation of the law and orders of this court, the work was started and completed and this shows that DDA has committed a wilful breach of this court's directions, and the matter does not end here. “Even while responding to contempt notice, the DDA has not come clean with all the factual aspects. Though unconditional apology has been tendered….the apology is only by way of tendering lip service. Otherwise, a positive statement should have been made that restoration will be undertaken immediately," said the bench.
“We direct the DDA to stop all further activities (in connection with roads in the ridge area)….we direct the chairman of the DDA to depute officers to visit the roads to ascertain that work has been stopped. Now, we have to appoint an independent agency to assess how many trees were felled and also to assess the extent of damage done to the environment by this grossly illegal act and contemptuous act”, said the bench.
“We direct the Forest Survey of India, Dehradun, to depute its team to visit the roads to find out how many trees were cut and to assess the damage to the environment. Ishwar Singh, a retired IFS officer, and Sunil Limaye, who is a member of the Central Empowered Committee, shall be associated with the work assigned to FSI”, said the bench. The apex court also directed the Ministry of Environment and Forest to take action in accordance with the law and also asked the LG, being the chairman of DDA, to examine the issue seriously.
The apex court ordered compulsory afforestation--100 trees to be planted for every tree cut--and the road construction work should stop immediately. The apex court said it will consider the matter again in the summer vacation. The apex court has also made the Ridge Management Board and Delhi Forest Department, parties to the proceedings. The bench was dealing with a batch of contempt petitions raising concern over large-scale tree felling by the DDA.
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