The Delhi High Court has instructed the Municipal Corporation of Delhi and the relevant tree officer to conduct an examination and implement measures to safeguard a banyan tree in the Nai Sarak area of the capital that has been in existence for more than a century.
Justice Prateek Jalan, when handling a petition regarding unauthorized construction that caused harm to the tree, observed that even though the approval for the construction on the concerned property was canceled, the matter of conserving the tree still needed to be addressed.
According to a recent court order, the Tree Officer and the Municipal Corporation of Delhi (MCD) have been instructed to conduct a collaborative site inspection within one week from today. They are also required to take any necessary steps to protect the preservation of the tree, which is estimated to be around 140-160 years old.
The court also specified that following the initial inspection, the Tree Officer and the relevant MCD official should carry out inspections at least once every four weeks to ensure that the site is being maintained in a way that supports the preservation of the tree.
In a previous court order, it was observed that the tree had been severely affected by the encroachment of concrete and had experienced significant damage, including the extensive cutting of its branches, prop-roots, and underground roots due to the construction activities.
The court expressed its dismay by stating that photographs submitted by the intervenor depicted a brutal and heartless mutilation of the magnificent and ancient tree. This living entity had silently witnessed the unfolding of history in the city of Delhi over the past three centuries. It seemed that the builder had failed to recognize the immense historical and cultural value of this tree within its premises.
In the recent order issued earlier this month, Justice Jalan mentioned that, based on a report submitted by the tree officer, the inspection of the banyan tree uncovered the excavation of about five to six feet from ground level, posing a threat to the tree's root system. Furthermore, it was observed that the construction of a wall in the vicinity could potentially destabilize the tree's root zone. Additionally, a substantial quantity of unattended iron guards/rods was found at the site, potentially posing a risk to the tree.
The court also noted that although authorities had initiated corrective actions, they had not removed the platform surrounding the tree. This platform was essential to provide necessary support to the tree.
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