The Delhi High Court on Friday pulled up Delhi’s forest department for passing stereotypical orders allowing the felling of trees in the national capital and asked if they wanted people to live in gas chambers. It’s only application of mind and it is only sensitivity.
Justice Jasmeet Singh remarked that it is the casual approach of the forest department and its officials that has led to toxic levels of air pollution in the city with the Air Quality Index (AQI) reaching alarming levels.
The judge said, “You want people to live in gas chambers? You are responsible for the mess that the citizens of Delhi are in today due to pollution. There are machines that record air quality, the maximum that the machines can record is 999. Today, we are touching that… It is the sensitivity that is lacking.”
The bench of Justice Jasmeet Singh further said, “What we’re trying to sensitise you–you aren’t understanding. This is dereliction of duty. Cutting corners–total disregard of court orders. You are responsible for the mess the citizens of Delhi are in today.”
Court observation came on Friday while hearing a petition seeking contempt action against the Delhi forest authorities for allowing the felling of trees by passing one-line orders and not giving any reasons for such permission.
Earlier in September 2023, the Court had ordered that no permission shall be granted for felling of trees to construct houses in the city. In August, the Bench said that no permission for felling of trees for any individuals will be granted and any permission required for important projects will be intimated to the Court.
The petition alleged that the one line orders issued by the forest officials allowing cutting of trees violated the court order, and therefore sought contempt of court proceedings. Advocate Aditya N Prasad appeared for the petitioner Bhavreen Kandhari, who argued that despite clear directions from the High Court that officials must pass detailed orders, non-reasoned orders are being passed and trees are being felled.
The Court examined some of the orders passed by the forest officials and observed that they amounted to violation of court’s orders. “This is blatant violation of our orders, this is dereliction of duty, you are trying shortcuts, cutting corners. This is total disregard of the court’s orders,” the Bench remarked.
The court added that it is not against development, but development must co-exist with nature and heritage. “Development must co-exist with nature & heritage. We are not coming in the way of development, if there is a traffic jam, you will have to widen the roads. But, it can’t be that you will cut 50 trees around it. If there is no other way, then only you should go ahead no. Trees can’t be removed. You have to find a way. How can colonies be treeless?”
The court also orally observed that this type of order has led to toxic levels of air pollution in the city with the Air Quality Index (AQI) reaching alarming levels.
As air quality in several parts of Delhi-NCR plunged to the ‘severe’ category on Friday morning, people said they experienced breathing problems and irritation in the eye among others.
There was a thick haze blanketing the skyline of the national capital and adjoining areas as the Air Quality Index (AQI) breached the 400 mark at multiple locations. As per Central Pollution Control Board (CPCB), the AQI stood at 498 in Mundka followed by 491 at Jahangirpuri. In the RK Puram area and at the Indira Gandhi International Airport (T3) the AQI was recorded at 486 and 473 respectively.
In view of the severe air pollution, the Graded Response Action Plan (GRAP) Stage III has been implemented in Delhi, imposing several restrictions. The primary schools also have been shut for two days.
