The court affirmed the feasibility of scientifically transplanting a native tree despite a ban on felling, emphasizing compliance with environmental preservation laws.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner - ISEC Organics Limited seeking directions to the Respondents to permit removal/transplantation of a `Peepal Tree' at Plot No.A-1/1, Naniwala Bagh, Azadpur Commercial Complex, New Delhi - 110033. The Petitioner further impugns the action of the Respondent No.2 in issuing a letter dated 28th August, 2020, whereby the Respondents have kept the permission for removal of tree in abeyance and all consequent actions pursuant thereto.

3. The Petitioner has filed the present petition seeking the following prayers:

"a. Issue a writ, direction or order in the nature or certiorari or any other writ, order or direction, quashing and setting aside the letter issued by the Respondent No.2 dated 28.08.2020 of keeping the permission for removal of tree in abeyance till the conclusion of FIR No. 387/2019 dated 13.11.2019, PS Adarsh Nagar.

b. Issue a writ, direction or order in the nature of mandamus directing the Respondents to permit removal/transplantation of tree situated at Plot No. plot no. A-1/1 Naniwala Bagh, Azadpur commercial complex, New Delhi-110033."

4. The matter was listed before the Court for the first time on 29th April, 2022. On the said date, ld. Counsel for the Respondents was directed to place a status report on record as to the permission granted by the Tree Officer being kept in abeyance for two years.

5. On 26th July, 2022, the Court was apprised of the order dated 19th May, 2022 passed by the ld. Single Judge of this Court in Cont. Case (C) 851/2021 titled Neeraj Sharma v. Vinay Sheel & Ors., whereby all tree felling Delhi had been banned till the next date of hearing.

6. Thereafter, on 21st September, 2022, ld. Counsel for the Petitioner made the submission that, vide order dated 29th July, 2022 in W.P. (C) 11261/2022, the Court had clarified the aforementioned order dated 19th May, 2022 in Cont. Case (C) 851/2021 to the effect that the felling of trees would not be precluded where transplantation is feasible. In response, ld. Counsel for Respondents had submitted that the Respondents would be ready and willing to transplant such trees as may be directed and considered appropriate by the Tree Officer. Accordingly, the following direction was passed, vide order dated 21st September, 2022:

"In view of the aforesaid, let the Tree Officer duly inspect the premises in question and place a Status Report on the record of this writ petition indicating whether the felling of the tree is imperative and if so what nature of transplantation would mitigate the aforesaid eventuality."

7. Today, the status report in terms of the order dated 21st September, 2022 has been filed by the Respondent No.2. The said status report is set out below:

"2. That inspection of the trees located at Nani Wala Bagh, Azadpur has been carried out by the officials of North Forest Division on 28.11.2022.

3. That during the inspection it has been observed that, the tree is of native species i.e., Peepal (Ficus religiosa) having girth of 290 cm. Therefore, it may be suggested for transplantation.