To check felling of trees in the National Capital, the Supreme Court (SC) on Friday highlighted the need for a census of trees and said it wanted to create an authority to supervise the work carried out by the tree officer. The Supreme Court also mulled conducting a tree census in 10,400 square-kilometre area of the Taj Trapezium Zone (TTZ) in Uttar Pradesh and developing a mechanism to keep a vigil on illegal tree felling.
A Bench of Justices Abhay S Oka and Augustine George Masih said the issue over the strict implementation of the provisions of the Delhi Preservation of Trees Act, 1994, required immediate attention. “Apart from tree census, that order we are going to pass, we also want to create an authority. That authority will verify whether the tree officer has done a proper job. Somebody has to supervise the permission granted,†the Bench said. The Bench was hearing an application seeking to restrain the Delhi government from allowing felling of trees without the supreme court’s permission.
The first tree census in Delhi was conducted in December 2023. The Municipal Corporation of Delhi (MCD) identified 2.50 lakh trees in 12 zones. The provisions of the 1994 Act, which provide for preservation of trees in the NCT of Delhi, deals with the establishment and duties of the tree authority and appointment of a tree officer. During the hearing, the Bench asked the lawyers appearing in the matter to give suggestions on the basis of which the authority should be constituted. It observed that not only individual experts were required, but an institution had to be involved in this process also.
“We always believe that in environment matters, harsh orders are warranted,†the Bench noted. The Bench remarked that the lawyers appearing before it in matters related to preservation of environment and protection of trees were very cooperative and they have always taken a fair stand before the court.
“We are grateful. Your lordships are doing it for our better future, our children’s better future,†Additional Solicitor General Aishwarya Bhati said.The court termed as very important the issue concerning strict implementation of the provisions of the 1994 Act.
“To enable the counsel appearing for the parties to address us on the issue, we direct that the petition shall be listed on December 18,†it said. One of the lawyers appearing in the matter referred to the notifications issued by the Delhi government in the past exempting any area or any species of trees from the provisions of the 1994 Act. “This power, for the interim, has to be curtailed. They cannot keep on issuing notifications under Section 29 (of the Act),†he said.
Section 29 of the Act pertains to power of the government for exemption. While one lawyer boasted of there being a “lot of awareness†among people, another lamented the ground situation saying it was “as bad as it was†before claiming two trees had been felled inside the Supreme Court premises. The advocate said complaints on the tree helpline of the forest department elicited no response. “You place that complaint on record,†the Bench said.
On the tree census inTaj Trapezium Zone (TTZ), the Bench said apart from the tree census in the TTZ it wanted to develop the institutional mechanism.
“We want to create an institutional mechanism which could look into the permissions given for tree felling,†it said. The TTZ spreads across Agra, Firozabad, Mathura, Hathras, and Etah districts in UP and Bharatpur district in Rajasthan.
Additional Solicitor General Aishwarya Bhatti, appearing for the Centre said the Forest Survey of India, which had the wherewithal for this kind of a survey could be the appropriate authority to conduct the census. “Tree census has to be done in the TTZ. But, we need to hear different parties,†the Bench said and posted the matter on December 16, when it will also pass orders on the tree census in the TTZ.
