The Supreme Court on Wednesday closed contempt proceedings against the Delhi Development Authority (DDA) officials, accused of allowing unauthorised large-scale tree-felling in the ecologically sensitive Delhi Ridge area.
The Bench of Justice Surya Kant and Justice NK Singh observed that the officers in question had clearly committed a contempt of court by not getting the Apex Court’s nod, which was required under a 1996 ruling, before allowing tree-felling in the area to take place.
Calling it a case of institutional missteps and administrative overreach, the Bench said the act of the respondent (DDA) was contumacious and fell under the purview of criminal contempt, which raised strong questions on accountability.
The Court, however, decided to take a lenient approach on the grounds that the lapse was a result of a genuine misjudgment. It said there were two categories of contempt of court – malafide abuse of power and genuine administrative misjudgment. Since tree-felling was permitted for a good cause, to widen roads and enable better access to a hospital for paramilitary personnel, the case fell under the category of administrative misjudgment. Access to quality medical care for the officers was a necessity, which reflected the moral compass of the state, it added.
While imposing a fine of Rs 25,000 each on the accused, the Bench closed the contempt proceedings against the DDA officers, which was initiated during previous hearings, when the matter was being heard by the Benches led by then Justice BR Gavai (now Chief Justice of India) and now-retired Justice AS Oka.
The fine was in addition to any other penalty imposed by an internal inquiry committee. The departmental proceedings should be taken to a logical end, added the Court.
It clarified that it was also closing the contempt proceedings against former DDA Vice-Chairman Subhasish Panda, since he was no longer holding the post and was not a whole-time member earlier.
The verdict came as a relief to Delhi Lieutenant Governor (LG) VK Saxena also. Although the LG was not a party to the contempt case, the Bench led by Justice Oka had earlier taken strong exception to LG Saxena’s alleged role in the felling of trees.
A Bench of the then CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra later sought an explanation from the LG.
The top government official submitted an affidavit explaining that he was not made aware of the requirement to obtain the Court’s prior permission for felling the trees until after the process began.
The case revolved around allegations that the DDA permitted the cutting of over 600 trees in the Ridge area without obtaining the Supreme Court’s mandatory approval.
This action was purportedly undertaken to facilitate the widening of a road leading to the under-construction Central Armed Police Forces Institute of Medical Sciences (CAPFIMS) hospital. The road expansion aimed to improve access for paramilitary personnel to the medical facility.
During earlier proceedings, the DDA acknowledged the unauthorized tree felling and proposed compensatory measures, including the plantation of approximately 70,000 saplings across 185 acres in Delhi.
The top court of the country today observed that it has issued detailed directions on such remedial measures that have to be taken by the Delhi government and the DDA.
It directed the constitution of a three-member committee to examine compensatory afforestation to make up for the lost trees by formulating a plan. The Bench ordered that periodical progress reports be submitted to the Court.
The Bench ordered the DDA to finish developing the road to the hospital promptly and explore the possibility of ensuring thick coverage of trees on both sides of this road.
It further directed that a due identification exercise should be carried out to find out whether any affluent persons were benefitted from road construction, who may be made to pay as well.