The Supreme Court today directed the Lieutenant Governor (LG) of Delhi VK Saxena, who serves as the Chairperson of the Delhi Development Authority (DDA), to file an affidavit explaining which officers of the DDA should be held liable for cutting trees in Delhi’s Ridge Forest area in violation of court orders.
A Bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra was dealing with a batch of contempt petitions raising concern over large scale tree felling, particularly in and around the Delhi Ridge Forest.
The apex court noted that these trees were felled despite earlier orders to preserve such trees to protect the pristine nature of the area. As per previous directives, these trees could not be cut without the Court’s permission. Subsequently, the Court has now sought an explanation on how these orders were flouted and which officers are responsible for the same.
The Court directed the Chairperson of DDA, VK Saxena to personally file an affidavit with information which is with him. The court clarified that the affidavit shall explain how the timber felled has been dealt with and steps taken to attribute accountability to the officials who were in breach of directions of this court. It ordered to file this compliance affidavit before the next date of hearing. The next hearing is scheduled on October 22.
The top court bench said that it needs an explanation on whether the LG (DDA chairman) was aware that trees were cut in violation of court orders, and whether any steps have been taken against erring DDA officers or to restore the ecological damage caused due to the tree felling. The bench added that if the chairperson of DDA is of the view that initiation of criminal prosecution is taken up, the court expects that such action is taken without waiting for directions of this court.
Senior Advocate Mahesh Jethmalani who appeared for LG Saxena maintained that the DDA Chairman/ LG had no role to play and was only a signing authority in a process that was started by the Delhi’s Environment and Forest Department. The Senior Advocate added that several of the Court’s queries today have already been answered earlier and may be repeated in the fresh affidavit sought by the Bench from the LG.
The apex court replied that it would hold the LG personally accountable for any statement made in his affidavit, adding that they don’t want the vice person to tell them anything, Furthermore, the Chief Justice added that the Court is expecting that errant officers of the DDA be held accountable.
CJI DY Chandrachud said that before the court takes action, they want action to be taken by DDA – which means, disciplinary proceedings, criminal proceedings and attaching of accountability.
The case involves suo motu contempt proceedings initiated against the Vice-Chairman of the DDA, Subhasish Panda. The DDA was put on the dock after over a hundred trees in the Delhi Ridge Forest were cut by the authority in violation of court orders.
The Supreme Court had also taken strong exception to an apparent attempt to cover up the role of Delhi LG in felling the trees. Earlier, a Division Bench led by Justice AS Oka demanded an explanation from the DDA on whether it had cut the trees based on the LG’s directives or whether the decision was made independently.
Nonetheless, a Bench led by Justice BR Gavai later observed that the Justice Oka-led Bench should not have heard the matter since a similar case was already pending before the Justice Gavai led Bench. Consecutively, the matter was taken up by a Bench led by CJI DY Chandrachud.
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