The Supreme Court of India has directed the Tree Authority to conduct a tree census and mandated that approvals for felling 50 or more trees must receive clearance from the Central Empowered Committee (CEC) before implementation.
A bench comprising Justices Abhay S. Oka and Augustine George Masih highlighted the failure of authorities to effectively enforce the Delhi Preservation of Trees Act, 1994.
The court observed, "Supervision of the permission-granting process is essential. Therefore, we direct that permissions granted by the Tree Officer for felling 50 or more trees shall not be acted upon unless approved by the CEC."
The court outlined the process, stating that the Tree Officer must immediately forward all relevant documents to the CEC upon granting such permission. The CEC, at its discretion, may request additional information and will review the application to decide whether to grant, modify, or reject the permission.
Underlining that approvals for felling 50 or more trees should be rare and granted only in exceptional circumstances, the court affirmed that the CEC holds the authority to modify or reject applications as deemed necessary.
"...We direct Tree Officers to ensure that a decision on the application is taken within 60 days as provided in Section 9(3). We also direct that as soon as an application is received under Section 9, copies of the application should be immediately given to the CEC by the Tree Officer...," it added.
The Supreme Court, while addressing the issue of a tree census, underscored its significance for assessing the existing tree population and directed the Tree Authority to promptly undertake the census as mandated under Section 7(b) of the Delhi Preservation of Trees Act, 1994. The court instructed the Tree Authority to engage the Forest Research Institute (FRI) to carry out the census.
To support this initiative, the court appointed three experts to assist the Tree Authority and the FRI:
Reiterating the Tree Authority's primary responsibility to preserve and protect trees, the court emphasized that tree felling should only occur in exceptional circumstances. It directed Tree Officers to personally inspect sites where felling is proposed and to carefully evaluate the necessity of such action.
The court also referred to its recent direction to the Forest Department to act in accordance with recommendations made by the Central Empowered Committee (CEC) in a case involving tree felling within the Taj Trapezium Zone (TTZ).
A bench comprising Justice Abhay S. Oka and Justice Manmohan, while issuing notice to one Shiv Shankar Agarwal,We have perused the conclusions and recommendations of the CEC. In terms of the recommendations, the Forest Department shall take action as per the provisions in clauses (b), (c), (f), and (g) of paragraph 14 of the recommendations. We direct the Forest Department to close the path referred to therein."
In its previous hearing, the Supreme Court had issued a notice to Uttar Pradesh officials, requiring them to show cause as to why contempt proceedings should not be initiated against them in connection with a case involving tree felling in the Taj Trapezium Zone (TTZ).
"We are of the view that the persons mentioned in paragraph 8 are guilty of civil contempt. Hence, we issue notice to them returnable on 19th December calling upon them to show cause as to why action under contempt of court act should not be taken against them, " Justice Oka led bench said, while also adding that the report discloses a 'shocking state of affairs', recording that 454 trees were illegally felled on the 18th and 19th of September 2024.
Case Title: MC Mehta vs UOI
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