Prof Dr Sanjeev Bagai vs Department of Environment Govt. of NCT of Delhi Through Its Principal Secretary

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1710

NAJMI WAZIRI
Prof Dr Sanjeev Bagai – Appellant
Versus
Department of Environment Govt. of NCT of Delhi Through Its Principal Secretary – Respondent

Advocates appeared:
Mr. Vivek Sibal, Senior Advocate with Ms. Anu Monga, Mr. Rahul Goel, Mr. Shobhit Sharma, Ms. Parul Parmar and Mr. Paritosh Dhawan, Advocates, for the Petitioners.
Mr. Shadan Farasat, ASC for GNCTD with Ms. Mreganka Kukreja, Advocate.
Mr. Aditya N. Prasad (Amicus Curiae) and Mr. Harsh Vardhan, Advocate.
Mr. Anupam, Srivastava, ASC GNCTD with Mr. Vasuh Misra, Advocates, for the Respondent-1, 3 and 5.
Ms. Sakshi Popli, Advocate, for the DPCC.
Mr. Divya Prakash Pande, SC, for the MCD.

JUDGMENT

Najmi Waziri, J. (Oral)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. At joint request, the petition is taken up for disposal.

2. This writ petition impugns the order dated 19.01.2023 passed by the National Green Tribunal (`NGT') in Original Application No. 911/2022. Mr. Vivek Sibal, the learned Senior Advocate for the petitioners seeks directions apropos the procedure adopted for pruning of trees under the Delhi Preservation of Trees Act, 1994 (`DPT Act') and the Guidelines for Pruning of Trees dated 01.10.2019 (`Guidelines'). The latter have been framed under the Delhi Preservation of Trees Rules, 1996.

3. He submits that the impugned order permitting pruning of trees, on the basis of the Guidelines is erroneous because such pruning is permitted without prior approval of and without even a site inspection or assessment of the tree(s) concerned by the relevant authority namely, the Tree Officer/Deputy Conservator of Forests (`DCF'). The Guidelines and the impugned order permit private parties/entities to prune trees even on land owned by the government (i.e. the MCD, DDA and PWD).

4. He refers to the judgment dated 16.03.2017 pass