The Delhi High Court has issued a series of stringent directions aimed at ensuring effective implementation of the Standard Operating Procedure (SOP) governing tree felling and transplantation in the national capital. Justice Jasmeet Singh, presiding over the matter, emphasized that the right to a clean and pollution-free environment is integral to the right to life under Article 21 of the Constitution.
The directions were passed while hearing a contempt petition that highlighted the alleged non-compliance with previous court orders pertaining to tree preservation. The court had earlier noted that official data indicated one tree was being felled every hour in Delhi under sanctioned projects.
To strengthen environmental safeguards, the High Court mandated the following:
- Early Involvement of Tree Officers: The Deputy Conservator of Forest (DCF) or tree officer must be consulted at the planning stage of any project involving tree felling or transplantation, rather than post-approval.
- Standards for Compensatory Plantation: Trees planted as compensatory measures must be at least 6 feet in height, have a nursery age of five years, and a collar girth of at least 10 centimeters.
- Maintenance Undertaking: Applicants seeking permission to fell trees must submit an affidavit undertaking to maintain the compensatory trees for five years, which includes watering, upkeep, and general care.
- Tree Transplantation Restrictions: Trees marked for transplantation should not be heavily pruned, and transplantation decisions must consider the age of the tree, local ecology, and survival chances.
- Site Impact Evaluation: Tree officers must consider the number of previous applications by the same project proponent, the cumulative environmental footprint of the project, and availability of alternative sites, beyond just the plot in question.
- Mandatory Documentation: The SOP implementation must align with the Delhi Preservation of Trees Act, and post-approval monitoring will be conducted by the DCF. Tree officers must inspect each tree proposed to be cut and provide photographic evidence with detailed reasoning for approvals or rejections.
The court’s observations stem from its earlier April 2022 order, which had directed authorities to justify every tree felling decision in writing, backed by inspection records and photographs. The present directions reaffirm the court’s intent to hold officials accountable and ensure that environmental concerns are not overlooked in urban development.
The matter will continue to be monitored as the court evaluates the compliance of authorities with these reinforced environmental protections.
