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NAJMI WAZIRI
Neeraj Sharma – Appellant
Versus
Vinay Sheel Saxena – Respondent
ORDER
The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The learned Senior Advocate for R-1 to R-3 refers to remedial measures taken by R-1 to R-3. This issue shall be considered on the next date, when arguments on the contempt notice will be heard.
2. The learned counsel for the petitioner has drawn the court's attention to an affidavit filed by the Engineer-in-Chief, PWD on 17.05.2013, before the NGT, wherein the said officer had undertaken on behalf of the PWD that the 46 roads (listed in the annexure to the affidavit) will be promptly re-visited and the 3279 trees noted therein will be de- concretized. Let an affidavit be filed by Engineer-in-Chief, PWD showing that the said 84 trees on Vikas Marg (Road No. 75A & 75B) have been de-concretised. The entire stretch of road shall be video graphed and a copy of the same shall be filed along with the compliance affidavit within two weeks.
3. Mr. Prasad further submits that a tree is cut down every hour in Delhi under official sanction. This is a worrying issue because on the one side endeavour is said to be underway to maintain and augment the green cover of Delhi while simultaneously fully grown tr
Preservation of fully grown trees and the adverse environmental impact of their denudation.
The main legal point established in the judgment is that the Guidelines for Pruning of Trees, framed under the Delhi Preservation of Trees Rules, 1996, were in conflict with the DPT Act, and were set....
Court emphasized that tree felling may occur if transplantation is feasible, reiterating environmental safeguards necessity while permitting DDA's project.
Procedural fairness is essential in the enforcement of environmental laws; parties must be afforded adequate opportunity to present their case in compelling decisions.
Administrative notifications cannot override or nullify a previously binding court judgment that has attained finality.
Environmental compensation under 'Polluter Pays' is distinct from forest/tree felling penalties and mandatory for ecological damage from illegal tree removal on any land; assessed by pollution regula....
Illegal tree felling violating permission conditions and non-compensatory plantation attracts Polluter Pays; interim compensation imposed; formula approved for DPCC/SPCBs computation based on tree fa....
The court emphasized the necessity of compliance with its orders regarding environmental protection, holding the DDA in contempt for unauthorized tree felling and failure to disclose material facts.
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