The Delhi high court on Wednesday delivered a second sharp rebuke in as many days to the city’s forest department for seeking permission to transplant trees for infrastructure projects, at a time when the national capital struggles with hazardous air pollution levels.
Justice Jasmeet Singh, who on Tuesday chastised the department for seeking permission to transplant trees for a building within the Central Pollution Control Board (CPCB) premises, once again expressed outrage — this time over a plea to cut trees in a deemed forest for a flyover construction.
On Tuesday, justice Singh had termed the plea tone-deaf in the current air quality crisis, and even questioned CPCB’s effectiveness, calling it a “defunct organisation”.
The court on Wednesday was responding to by a request by the forest department to transplant three trees located in a deemed forest to facilitate constructing a flyover. “How can you file an application for cutting trees in a deemed forest? Why has this application been moved in the first place?” justice Singh asked the department’s counsel.
The court’s ire intensified after petitioner’s counsel Aditya N Prasad pointed out that the area where the trees are located is part of a deemed forest. The bench rejected a request from the deputy conservator of forests (DCF) to withdraw the application and ordered the department to file an affidavit clarifying whether the deemed forest status was considered before filing the plea.
“Let a clarification be filed on affidavit indicating whether this aspect was considered before filing the present application,” the court ordered.
The DCF had sought permission to transplant three trees to facilitate constructing a flyover on PWD’s Road No. 56 between Anand Vihar and Apsara Border. The request was made in the backdrop of a contempt plea filed by climate activist Bhavreen Kandhari, who alleged that tree officers had failed to comply with an April 2022 high court directive requiring them to issue detailed, reasoned orders for tree-related decisions.
Notably, in September 2023, the high court prohibited tree officers from granting permission to fell trees for residential construction in Delhi.
On Tuesday, the same bench had reprimanded the forest department and CPCB for seeking approval to transplant trees for a new building on the CPCB premises. Justice Singh expressed frustration at the timing of the application, stating: “CPCB has become a defunct organisation. They should shut down if they lack the will to act.”
The court’s remarks reflect mounting frustration over what it perceives as lax environmental accountability, especially during a time when air quality in Delhi remains perilously low. It underscored the need for stronger environmental accountability, particularly during a period of extreme pollution, and expressed dismay at inability by authorities to prioritise ecological preservation over infrastructure.
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