Delhi HC Scrutinizes Forest Official’s Request to Transplant Trees for Flyover Construction

The Delhi High Court questioned the rationale behind a plea submitted by a forest department official that sought permission to transplant three trees from a designated “deemed forest” area to make way for a flyover construction between Anand Vihar and Dilshad Garden. Justice Jasmeet Singh directed the Deputy Conservator of Forest (DCF) to submit an affidavit clarifying whether the forest status was considered prior to requesting the tree removal.

During the hearing, the court expressed concern over the potential environmental impact, emphasizing the need for careful consideration before altering forested landscapes. The Public Works Department (PWD) had initiated the plea through the DCF, arguing that the transplantation of the trees was crucial for easing traffic congestion.

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However, the amicus curiae, Gautam Narayan, along with the petitioner’s counsel, Aditya N Prasad, highlighted that the area in question was recognized as a “deemed forest” in an affidavit previously submitted to the Supreme Court. They argued that this designation prohibits any tree felling, underscoring the legal protections in place for such areas.

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Faced with these objections, the counsel for the DCF expressed a desire to withdraw the application, but Justice Singh insisted on a detailed affidavit before allowing any withdrawal. “You file an affidavit. I am not permitting you to withdraw today. How can you move an application for cutting trees in a deemed forest? First check, tell me was this inquiry done,” Justice Singh stated, pressing for thorough documentation and justification.

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This scrutiny comes after a directive from the court in August 2023, which imposed a ban on granting permissions for tree felling, criticizing local authorities for their hasty and often unconsidered approvals. This order was part of broader efforts to safeguard Delhi’s green spaces against indiscriminate urban development.

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