New Delhi, Nov 3 (PTI) The Supreme Court on Monday approved a plan of the Delhi Development Authority (DDA) to allocate 18 pockets of land parcels to the forest department for compensatory afforestation in the national capital, saying it will benefit the city that has a severe problem of pollution, especially in the winter season.
A bench of Justices Surya Kant, Ujjal Bhuyan and Joymalya Bagchi, which directed the DDA to provide around Rs 46 crore to the forest department for planting over 1.67 lakh trees in these land pockets, said a notification should be issued stating that there shall be no land use change and it shall be used only for the forestry purpose.
In May, the top court found the DDA officials guilty of contempt for wilful disobedience of the court's order banning felling of trees in the Ridge area for widening of an approach road for a hospital for paramilitary forces.
In view of the extensive damage caused to the capital's Ridge area, an ecologically sensitive zone, it directed the DDA to carry out afforestation in 185 acres of land in the national capital.
The top court directed the DDA to ensure that a perimeter wall be constructed in all these 18 sites to ensure the protection and maintenance of trees.
It asked the three-member expert panel comprising Ishwar Singh, Sunil Limaye and Pradip Krishen to oversee the plantation work to be undertaken by the forest department and extended the three-month deadline to March 31, 2026.
The bench noted the submission of counsel appearing for Delhi's forest department that the expert panel has suggested that trees shall not be planted in winter but after the season gets over.
"Just ensure that every inch of land in these 18 locations is usable," Justice Kant told senior advocate Maninder Singh, appearing for the DDA and asked the expert panel members to visit the 18 sites to verify the plantation of trees.
The bench also assured the forest department that if more than Rs 46 crore is required, then funds can be managed by directing the DDA department.
The apex court had imposed a fine of Rs 25,000 on the errant DDA officials for contempt of court.
It, however, said that though the misadventure undertaken by them was in clear contravention of the court's orders, the underlying objective of having broader approach roads for the Central Armed Police Forces Institute of Medical Sciences (CAPFIMS) appears to be not in bad faith.
The top court’s verdict had come on a contempt petition alleging violations of the court's order by DDA officials.
It had issued a slew of directions for the preservation of the environment, protection of the Ridge area and afforestation to the DDA and asked an expert panel to oversee their efforts.
The top court had identified the contemptuous conduct of the DDA as non-compliance of its two orders, one dated May 9, 1996, which mandated obtaining prior permission for the felling of trees; and the second of March 4, last year, in which the deliberate concealment from the court of the fact that tree felling had already commenced.
It said that officials of the DDA acted in an errant manner, which not only amounted to a concealment of this court's directions but also led to an unfortunate and avoidable misconstruction of communications attributed to Delhi LG VK Saxena, thereby placing him in an embarrassing position.
The top court had also warned that if it is found that the development of such a facility has been undertaken under the ostensible guise of serving the needs of paramilitary forces, but in actuality is intended to confer undue benefit upon affluent individuals or private interests, such actions will be viewed by this court through an entirely different lens and with the seriousness they warrant.
It had said in light of the extensive ecological damage caused, urgent and time-bound remedial measures must be undertaken by DDA in coordination with the Delhi government. PTI MNL RT
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