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DELHI HIGH COURT
NAJMI WAZIRI
Delhi Development Authority – Appellant
Versus
Deputy Conservator of Forests – Respondent
| Table of Content |
|---|
| 1. permission for tree felling subject to regulations (Para 2 , 3) |
| 2. emphasis on transplantation over felling trees (Para 4 , 6) |
| 3. caution advised on tree felling (Para 5) |
| 4. impugned order misconstrued previous rulings (Para 9) |
| 5. commitment to replanting and supervision (Para 10 , 11) |
| 6. disposal of petition with conditions (Para 12 , 13) |
JUDGMENT
Najmi Wazri, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. Issue notice. Notice is accepted by learned ASC for the respondent. At joint request, the petition is taken up for disposal.
2. By application under s.9 of the Delhi (Preservation of Trees) Act, 1994, the petitioner DDA had sought permission to cut some trees (693) for a public project i.e., Construction of Storm Water Drain at Sector-8, Dwarka, to prevent upstream water-logging especially during the monsoon season, in and around Indira Gandhi International Airport, Delhi. The proposed remedial measure includes widening of the northern and southern stretch of the drain upto Najafgarh. The project site was inspected by the Tree Officer, he held enquiries and after considering the matter, the requisite permission wa
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....
Preservation of fully grown trees and the adverse environmental impact of their denudation.
Administrative notifications cannot override or nullify a previously binding court judgment that has attained finality.
The court affirmed the feasibility of scientifically transplanting a native tree despite a ban on felling, emphasizing compliance with environmental preservation laws.
Compliance with specific court directions and the jurisdiction of the Tree Authority in granting permission to fell trees.
The court upheld the balance between public infrastructure development and environmental protection, affirming that necessary permissions for tree transplantation were obtained under applicable laws.
The court upheld that proper procedure was followed in tree removal and afforested 100 new trees for every 20 cut, ensuring environmental compliance.
Land classified as 'Jungle' is deemed forest land under the Forest Conservation Act, requiring Central Government approval for timber felling, which the Transit Rules cannot override.
Conditions for tree felling permissions can include time limits; a right to cut trees does not extend indefinitely past permission expiry.
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