The Supreme Court on Friday decided not to issue any directions to the Delhi High Court regarding its ongoing hearings on illegal tree felling in the national capital, leaving the matter within the purview of the High Court. This decision comes amidst ongoing deliberations on a similar case at the Supreme Court.
The bench, consisting of Justices Abhay S Oka and Ujjal Bhuyan, responded to a plea by senior advocate Gautam Narayan, who is serving as amicus curiae in the High Court proceedings. Narayan sought guidance following the Delhi government’s request to the High Court to vacate its previous orders that restrict tree officers from granting permissions for significant development and residential projects. The government’s argument hinges on the premise that the Supreme Court is already examining the matter.
In December 2024, the Supreme Court had issued an order requiring tree officers to obtain approval from the Central Empowered Committee (CEC) before permitting the felling of 50 or more trees. However, despite this directive, the Supreme Court bench chose not to intervene in the High Court’s proceedings, stating, “If the high court wishes to continue despite our orders, it is for the high court to decide.”
Justice Jasmeet Singh of the Delhi High Court had reserved judgment on January 31 on the Delhi government’s application to lift the court’s earlier restrictions. These include orders from August and September 2023, which mandate judicial oversight for tree felling linked to major projects and residential constructions. The Delhi government argues that these orders should be vacated in light of the Supreme Court’s recent ruling.
The plea by the Delhi government was initiated in response to a contempt petition filed by climate activist Bhavreen Kandhari, accusing the government of failing to comply with a 2022 order that required tree officers to provide reasoned permissions for tree felling.
The Supreme Court’s involvement originated from concerns over the enforcement of the Delhi Preservation of Trees Act, 1994 (DPTA), aimed at curtailing rampant deforestation. Data presented in court showed that over 12,000 trees had been felled in Delhi from January 2021 to August 2023, with the tree authority convening only twice since its establishment, leading to significant criticism for its inactivity.
