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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Kapil Tanwar - Appellant
Versus
North Delhi Municipal Corporation & Ors. - Respondents
Civil Writ Petition No. 11108 of 2021
Decided On : 06-12-2021
Tree - Property Dispute - The court directed the petitioner to file an appropriate application to the Tree Officer for the removal of a tree leaning towards the petitioner's property, emphasizing that the Tree Officer should decide the matter expeditiously in accordance with the law.
Fact of the Case:
The petitioner sought the removal of a tree leaning towards their property, citing danger due to a fallen wall of the adjacent property. The Municipal Corporation and other respondents advised the petitioner to apply to the Tree Officer for appropriate directions.
Finding of the Court:
The court disposed of the petition, permitting the petitioner to file an application to the Tree Officer, emphasizing that the Tree Officer should decide the matter expeditiously without being influenced by the court's order.
Issues: Dispute over the leaning tree and fallen wall, jurisdiction of the Municipal Corporation, and the role of the Tree Officer.
Ratio Decidendi: The court emphasized the need for the petitioner to follow the proper procedure by filing an application to the Tree Officer, and directed the Tree Officer to decide the matter expeditiously without being influenced by the court's order.
Final Decision: The petition was disposed of, allowing the petitioner to file an application to the Tree Officer for the removal of the leaning tree, with the direction for the Tree Officer to decide the matter expeditiously in accordance with the law.
JUDGMENT
Sanjeev Sachdeva, J. - Petitioner seeks a direction to respondent Nos.1 to 4 to remove the subject tree adjoining to property No.WZ 825, Naraina Village, Delhi which is allegedly leaning towards petitioner’s House No.WZ 826, Narina Village, Delhi.
2. It is contended that the tree is between the two properties and because a part of the wall of property of respondent No.1 has fallen down, the tree has become dangerous.
3. Learned counsel appearing for the Municipal Corporation submits that the Municipal Corporation has no concern because the tree is on a private property and parties have to apply to the concerned Tree Officer for appropriate directions.
4. Learned counsel appearing for respondent Nos. 3 & 4 submits that if an appropriate application is filed the Tree Officer shall carry out proper assessment and pass appropriate orders.
5. Learned counsel appearing for the petitioner submits that he shall be making an appropriate application.
6. Learned counsel appearing for respondent No.5 submits that he has no objection in case the application is filed by the petitioner and appropriate orders are passed by the Tree Officer. He assures that respondent No.5 shall cooperate with the petitioner in all manners required.
7. The petition is accordingly disposed of permitting petitioner to file an appropriate application to the Tree Officer in accordance with the rules. On such an application being filed, The Tree Officer shall decide the same expeditiously in accordance with law without being influenced by anything stated on merits in this order.
8. The Tree Officer shall, however, not insist upon a no objection from or a joint application by respondent No. 5.
9. Petition is accordingly disposed of in the above terms.
Proper procedure for addressing tree removal disputes and the jurisdiction of the Tree Officer in such matters.
Responsibility for tree management on private property lies with the property owner; municipal authorities are not liable.
The central legal point established in the judgment is the acknowledgment of the threat posed by dangerous trees and the adoption of a Standard Operating Procedure (SOP) for assessing and removing su....
Public authorities must act proactively to remove hazards on municipal property posing risks to individuals.
The court recognized the resolution of a property dispute through compliance with removal requests while preserving the petitioner's right for future recourse.
Jurisdiction under Article 226 cannot be invoked for directing cutting and removal of trees without a basic order or alleging inaction.
The court emphasized that municipal authorities must act promptly on complaints related to dangerous trees threatening citizen safety, especially regarding vulnerable individuals, as mandated under t....
The central legal principle established in the judgment is the importance of protecting trees for environmental benefits and the regulation of tree felling and disposal on Government lands.
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