New Delhi, Aug 6 The Delhi High Court has held two officials in the city forest department guilty of contempt of court for giving permission to transplant two fully grown trees in Greater Kailash-II here without application of mind.
Justice Jasmeet Singh said Mandeep Mittal, Tree Officer (South Forest Division) and C D Singh, Principal Chief Conservator of Forests, Department of Forests and Wildlife, acted in violation of high court orders and deserved to be punished in accordance with law.
The permission to transplant two trees was given because they were in front of the main entry of an under-construction building, which the court said was not a "good enough" reason for the tree officer to grant approval.
The judge observed that the tree officer was aware of the judicial orders and was fully conscious that the reasons for permitting the felling or transplantation of the trees were to be given after due application of mind.
"However, the permission dated 28.02.2023 shows that the permission granted by contemnor/ respondent no. 1 (Tree Officer) for cutting/transplantation of trees is totally without any application of mind.
"If permissions are granted for felling/ transplantation of tress for construction of buildings and because the trees come in front of the main in and out entry of a particular plot, we will soon come to a situation where there will be no trees left in the colony as most of the trees are planted on the pavements outside the boundary walls of the premises," said the court in the order dated July 22.
"Despite repeated directions passed by this Court, requiring the Tree Officers to give consideration before granting permission for cutting of trees, which entails providing reasons for grant or denial of permission in the order granting permission with photographs of each tree, the contemnors/ respondent nos. 1 and 2 continue to grant permission without any application of mind.
"I am satisfied that the contemnors/ respondent nos. 1 and 2 are guilty of violation of the orders dated 28.04.2022 and 19.05.2022 passed in Cont.Cas(C) No. 851/2021 and have committed contempt of the orders of this court," held the court.
The court asked the officials to state why they should not be punished with simple imprisonment for a term which may extend to six months or with fine which may extend to Rs 2,000 or with both, in terms of the Contempt of Courts Act.
Listing the matter for hearing on September 2, the court sought an affidavit from the officials in four weeks.
In orders passed on April 28, 2022 and May 19, 2022, the high court had emphasized the public duty of the tree officers to not allow felling of trees needlessly and asked them to give due consideration to their transplantation before granting permission for cutting.
It also passed several directions, including providing reasons for granting or denying permission to cut a tree down after due application of mind.
