Tree Officers Guilty of Disregarding Court Orders on Tree Transplantation, Face Potential Imprisonment or Fines
In a landmark ruling, the Delhi High Court has found two senior Tree Officers guilty of contempt for willfully disobeying previous court orders regarding the transplantation and felling of trees under the Delhi Preservation of Trees Act, 1994. The decision was rendered by Justice Jasmeet Singh in a contempt petition filed by petitioner Harsh Vardhan against respondents Mandeep Mittal, Tree Officer (South Forest Division), and C.D. Singh, Principal Chief Conservator of Forests (PCCF).
The contempt proceedings were initiated on the grounds that the Tree Officers had granted permissions for the felling and transplantation of trees without providing requisite reasons and documentation, including photographs, as mandated by the court's earlier orders dated April 28, 2022, and May 19, 2022. The court emphasized the necessity for Tree Officers to conduct inspections, consider ecological balance, and substantiate their decisions with clear reasoning and evidence before permitting any tree felling activities.
The court's directive was particularly aimed at preventing arbitrary tree felling that could exacerbate the ecological imbalance and air pollution in the city. Despite these clear instructions, the court noted that the respondents had continued to issue permissions for tree felling based on inadequate grounds such as facilitating construction projects, which were found to be insufficient and detrimental to public interest and environmental preservation.
Justice Singh expressed dissatisfaction with the respondents' non-compliance and highlighted that permissions granted without due application of mind could lead to extensive ecological damage. The judgment underscored the public duty of Tree Officers to prioritize environmental considerations over construction needs.
The court has now ordered the contemnors to show cause as to why they should not be punished with up to six months of simple imprisonment or a fine of up to Rs. 2,000, or both. The respondents have been given four weeks to submit an affidavit in response to the show-cause notice. The matter is scheduled for further hearing on September 2, 2026.
This ruling serves as a significant reminder of the judiciary's role in enforcing environmental laws and the serious consequences for officials who disregard their responsibilities towards ecological conservation.
Bottom Line:
Contempt of court proceedings initiated against Tree Officers for willful disobedience of court orders requiring due consideration, reasoning, and documentation for granting permissions to cut or transplant trees under the Delhi Preservation of Trees Act, 1994.
Statutory provision(s):
- Contempt of Courts Act, 1971, Section 12
- Delhi Preservation of Trees Act, 1994
Harsh Vardhan v. Mandeep Mittal, (Delhi) : Law Finder Doc id # 2951388
