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DELHI HIGH COURT
PRATHIBA M.SINGH
Isec Organics Limited – Appellant
Versus
North Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. request for tree removal and related orders. (Para 2 , 3 , 4) |
| 2. ban on tree felling in delhi and clarification on transplantation. (Para 5 , 6) |
| 3. status report recommends transplantation methods. (Para 7) |
| 4. court approves of transplantation direction. (Para 8 , 9) |
| 5. petition disposed with directions. (Para 10 , 11) |
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 t
The court affirmed the feasibility of scientifically transplanting a native tree despite a ban on felling, emphasizing compliance with environmental preservation laws.
Court emphasized that tree felling may occur if transplantation is feasible, reiterating environmental safeguards necessity while permitting DDA's project.
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....
Compliance with specific court directions and the jurisdiction of the Tree Authority in granting permission to fell trees.
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.
Preservation of fully grown trees and the adverse environmental impact of their denudation.
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