Delhi High Court Holds Two Officials Guilty Of Contempt For Ignoring Mandatory Tree Regulations

The Delhi High Court has delivered a stern message regarding the preservation of urban green cover, holding two senior government officials guilty of contempt. Justice Jasmeet Singh found Mandeep Mittal, the Tree Officer for the South Forest Division, and C.D. Singh, the Principal Chief Conservator of Forests, in willful disobedience of the court’s previous directions concerning the felling and transplantation of trees.

A Pattern of Non-Compliance

The contempt petition stems from the officials' failure to adhere to specific judicial mandates issued on April 28, 2022, and May 19, 2022. These earlier orders were designed to curb the indiscriminate felling of trees in Delhi by requiring Tree Officers to conduct mandatory physical inspections, record detailed reasons for any felling or transplantation, and maintain photographic documentation of each tree.

The case was brought before the High Court by petitioner Harsh Vardhan, who alleged that two fully grown trees in Greater Kailash-II were cut down under a permission order that completely bypassed these established legal requirements.

Arguments and Judicial Scrutiny

During the proceedings, the petitioner demonstrated that the permission granted on February 28, 2023, lacked any substantive reasoning, citing only that the trees obstructed the entrance of a building construction site. The court noted that the trees were located on a public pavement rather than within the private premises, and the lack of a reasoned order indicated a profound "non-application of mind" by the authorities.

The respondents failed to provide a satisfactory justification. The court specifically pointed out that Respondent No. 2, as the administrative head of the Department of Forests and Wildlife, shared the responsibility for ensuring compliance. Despite an affidavit filed by Respondent No. 1 admitting to a previous "inadvertent oversight," the court found that the subsequent permission granted in 2023 proved the administration remained indifferent to judicial directives.

Key Observations

The High Court expressed grave concern over the potential long-term ecological impact of such administrative apathy:

  • "If permissions are granted for felling/transplantation of trees for construction of buildings and because the trees come in front of the main in and out entry of a particular plot, we will soon come to a situation where there will be no trees left in the colony."
  • "The tree officer has evidently not visited the site but permitted the felling of the two trees only for an amount of Rs.1.14 lacs. The order is ex-facie unsustainable and shows clear non-application of mind ."
  • "Despite repeated directions passed by this Court... the contemnors continue to grant permission without any application of mind."

The Path Forward

Holding the officials guilty under Section 12 of the Contempt of Courts Act, 1971, the court has directed both respondents to file an affidavit within four weeks. This affidavit must serve as a show-cause response as to why they should not be punished with simple imprisonment for up to six months, a fine of up to ₹2,000, or both. The matter is currently listed for further hearing on September 2, 2026, marking a significant escalation in the judiciary’s efforts to ensure environmental accountability in the capital.