Jasmeet Singh, J
Bhavreen Kandhari – Appellant
Versus
Vijay Kumar Bidhuri – Respondent
| Table of Content |
|---|
| 1. examination of conflicts between administrative sops and statutory tree preservation requirements. (Para 1 , 2 , 3) |
| 2. prohibition against administrative actions that undermine binding judicial precedents. (Para 4 , 5 , 6) |
1. Ms. Gupta, learned counsel for the respondent, requests for some accommodation for filing further affidavit.
2. During the course of hearing, Mr. Prasad, learned counsel for the petitioner, has handed over a copy of the judgment dated 29.05.2023 passed in W.P(C) 2317/2023 titled Prof. Dr. Sanjeev Bagai & Ors. vs. Department of Environment, Govt. NCT of Delhi & Ors. and more particularly on paragraph No. 14, which reads as under:-
“14. Under the Act there is no sanction for the 15.7 cms girth of a tree branch to be cut. Therefore, this figure is incongruous with the statutory requirements as mandated under sections 8 and 9 of the DPT Act. The so-called permission granted under the Guidelines seek to over- reach the statute. The Guidelines, are in conflict with the DPT Act, they are arbitrary and illegal. Consequently, the permission for pruning, presumed to be or granted under the Guidelines would be of no consequence and
shall always be none
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