New Delhi: The Supreme Court on Friday wondered whether anybody -- Delhi Development Authority (DDA), Delhi government, and the contractor – apprised the Lieutenant Governor (LG) Vinai Kumar Saxena that it is mandatory to obtain court's permission before ordering for cutting of the trees.
A bench comprising Justices Abhay S Oka and Justice Ujjal Bhuyan minced no words in strongly criticising the concerned authorities for felling of trees without obtaining prior permission of the court and pointed out there is an attempt to cover up the LG's role. Last week, the BJP alleged that Kejriwal himself approved the felling of trees in the Ridge area. The Aam Aadmi Party (AAP) said these claims were misleading.
The bench pulled up DDA, the AAP government, and the contractor for "not apprising" LG about the requirements before felling of trees. Against the backdrop of affidavits filed by the vice-chairman of DDA and the secretary of the forest department, the bench said it is apparent that there is reluctance to recall "what exactly transpired during L-G's visit".
The bench made it clear that the truth has come out and "Mr Ashok Kumar Gupta's (DDA officer) affidavit explicitly stated what exactly transpired".
Citing Gupta's affidavit, the bench said that officers attached with the L-G were present in the meeting and expressed surprise that none of the officials pointed out the requirement of obtaining permission from the court for felling trees in the ridge area and also for permission of tree officer for felling trees in other areas.
The bench questioned whether the DDA proceeded to tell the contractor to fell the trees on the basis of oral permission of the L-G, or whether the decision was taken independently. The Delhi government has claimed that 1,100 trees in the southern Ridge area were cut by the DDA on the LG's verbal instructions.
Justice Oka said on the first day of the hearing the court should have been told that LG had given directions but the cover-up went on for three days and the affidavit shows that DDA sought permission from LG. The bench said the LG presumed that the Delhi Government has the power of a tree officer.
“This cover-up should not have been done and on the first day only, this should have been told….. We should have been told the first day only that LG had given directions," said the bench.
The top court said it is an admitted position that the tree officer never granted permission and the Delhi government must take the blame for felling 422 trees without any statutory authority.
Justice Oka said the state government must bring on record what steps it will take to compensate the environment and the government must come out with what action has been taken against the officers responsible. "It must state in oath how it will compensate the environment," said Justice Oka.
The bench said did any officer informed the LG, then that officer is free to file their affidavit and Gupta's affidavit should be supplied to all the officers. On June 26, the apex court directed Gupta to file "a detailed affidavit" as to what exactly transpired during the visit of the L-G to the Ridge area where 1,100 trees were cut.
Today, the top court said the contractor should file an affidavit by July 31, explaining who gave the order to fell the trees and where the wood of the chopped trees was kept, which authorities said they could not locate. The apex court has scheduled the matter for further hearing on July 31.
