New Delhi: The Supreme Court on Tuesday said it needed to see the gravity of contempt after a plea alleged tree felling in Delhi Ridge area for widening of a road in violation of its orders.
A bench of Justices Surya Kant and N Kotiswar Singh, reserved its verdict on the contempt plea filed by one Bindu Kapurea, who alleged trees were cut despite top court's last year's March 4 order denying permission to the DDA. He said the fact of tree felling was suppressed from the court.
"We need to see the gravity of contempt in this matter. Whether the trees were felled for widening of road to the hospital, meant for paramilitary jawans, who serve in remote areas like in jungles or in Leh, where there are minimal medical facilities. Or, were the trees felled to widen the road for the benefit of affluent persons of the area," said the bench.
It added the court needed to take a fresh look of the entire matter and wouldn't be swayed by previous orders passed by different benches of the apex court on the issue. "We need to take an independent approach on this issue. So, that we are not swayed by the earlier orders of the court or the view taken by the court. We would like to form our own view and finish off this matter," the bench said.
Senior advocate Vikash Singh, appearing for Delhi Lieutenant Governor, said he had filed an affidavit and was not aware of court's embargo on tree felling in the area. He said irrespective of what had happened, the authorities would plant around 70,000 saplings to purge the contempt instead of the mandated 5,340 saplings.
The bench said it would consider what needed to be done on the issue. Senior advocate Maninder Singh, appearing for Delhi Development Authority (DDA) vice-chairman, had said there was a 7.5-feet wide road but it was supposed to be widened to 15 feet to enable vehicles ferrying soldiers a hassle-free entry into the hospital.
Senior advocate Gopal Sankaranarayanan, appearing for Kapurea, said the contempt was not as simple as being projected and there was a deliberate violation of court orders apart from the suppression of crucial information about trees already being felled when the DDA sought court's permission.
He alleged there were already three roads for the hospital but the authorities wanted to benefit the affluent residing near the hospital. Sankaranarayanan submitted a map of the area to claim the alignment of road was changed to enter into the forest area which led to felling of trees for widening of the road. The bench said it would examine all the aspects and pass the order on the issue.
In December last year, the top court asked for a list of affluent persons, who reportedly benefited from illegal tree felling in Delhi's Ridge area and sought to know the site plan for afforestation. The ridge is an extension of Aravalli Hill range in Delhi and a rocky, hilly and forested area. It is divided into four zones -- south, south-central, central and north -- for administrative reasons.
These four zones make up a total of about 7,784 hectares. Sankaranarayanan had referred to a Forest Survey of India report stating a total of 1,670 trees were cut, but the DDA claimed it was only 642 trees.
The top court had issued a contempt notice to the DDA vice-chairman Subhasish Panda for felling of trees for the construction of an approach road to the hospital and directed Lieutenant Governor and DDA Chairperson V K Saxena to file a personal affidavit detailing actions against erring officials for allegedly illegally felling around 1,100 trees in Delhi Ridge area in February, 2024.
The tree felling drive was purportedly done for widening the road going towards Central Armed Police Forces Institute of Medical Sciences (CAPFIMS) Hospital. The felling of trees reportedly commenced on February 16, 2024, before an application was moved, being ultimately dismissed by an order of March 4, the top court noted. On March 4, the top court refused permission to the DDA to fell 1,051 trees, saying its application was "very vague".
The contempt plea being heard now by a bench headed by Justice Surya Kant was heard by then Chief Justice of India D Y Chandrachud previously. The contempt case was heard by two different benches of the apex court which heard connected but separate aspects of the same issue. A bench of Justices Abhay S Oka and Ujjal Bhuyan had also heard the matter.
The bench had issued a criminal contempt notice against Panda for allegedly allowing large-scale felling of trees in the southern Ridge's Satbari area for the construction of a road from Chattarpur to South Asian University. It had expressed displeasure over a misleading affidavit filed by the vice-chairperson.
