On Wednesday, a Supreme Court Bench led by Justice BR Gavai voiced frustration regarding the simultaneous hearings of the tree-cutting case involving the Delhi Ridge forest area. The case, initiated by the Delhi Development Authority at the request of Delhi Lieutenant Governor VK Saxena, was being reviewed by another Bench of the Court concurrently.

The three-judge Bench, comprising Justices BR Gavai, Prashant Kumar Mishra, and KV Viswanathan, decided to refer the case to the Chief Justice of India (CJI) to ensure it is properly listed before a single Bench.

"We are following judicial propriety though the other bench has not. For the same cause of action in contempt matter, it should ideally have referred the matter to the Chief Justice," the Bench said.

A Division Bench consisting of Justices Abhay Oka and Ujjal Bhuyan has been hearing a suo motu contempt case against Subhasish Panda, Vice-Chairman of the Delhi Development Authority (DDA). The DDA is under scrutiny after more than a hundred trees in the Delhi Ridge Forest were cut down, allegedly in violation of court orders.

Recently, Justice Oka’s Bench took strong issue with attempts to obscure the Delhi LG's involvement in the tree felling.

The Division Bench has demanded an explanation from the DDA on whether the tree-cutting was directed by the LG or if it was an independent decision.

However, the three-judge Bench led by Justice Gavai has now questioned the appropriateness of the Division Bench's actions.

The three-judge Bench made this observation while addressing an application from the DDA seeking permission to cut trees to widen a road leading to the Central Armed Police Forces Institute of Medical Sciences in Delhi, a specialized hospital for paramilitary forces. Senior Advocate Gopal Sankaranarayanan, representing the petitioners who filed the contempt petitions, contended that there was no impropriety by the Division Bench, clarifying that the matters involved were distinct applications.

Senior Advocate Sankaranarayanan further argued that a road to the hospital area already exists and questioned whether the DDA is genuinely pursuing the project. He emphasized that his concern lies not with which Bench hears the case but with ensuring the correct orders are enforced. He criticized the DDA for tree cutting amidst severe air pollution, asserting that any Bench would take action in such circumstances.

Justice Gavai assured that judicial propriety is the primary concern, noting that he has previously issued pro-ecology orders in cases such as the Pench National Park matter. The three-judge Bench decided to refer the case to Chief Justice DY Chandrachud to ensure that the case is heard by a single Bench to avoid conflicting orders. The Court ordered that matters related to the Delhi Ridge area be consolidated to prevent further conflicting decisions.

Senior Advocate Vikas Singh represented the DDA, and Advocate K Parameshwar served as Amicus Curiae.