Supreme Court lets off Delhi LG and DDA in contempt case over tree cutting fiasco

The Supreme Court on Wednesday decided to close contempt proceedings against Delhi Development Authority (DDA) officers who were earlier on the dock for enabling unauthorised large-scale tree-felling in the ecologically sensitive Delhi Ridge area, by directing each errant officer to pay ₹25,000 as a fine. .A bench of Justices Surya Kant and NK Singh concluded today that the DDA officers had clearly committed contempt of court by not getting the Supreme Court's nod, which was required under a 1996 ruling, before allowing tree-felling in the area to take place. "We hold that the act of the respondent (DDA) was contumacious and falls under the purview of criminal contempt ... This is a case of institutional missteps and administrative overreach. It raises strong questions on accountability," it said. .Nevertheless, the Court took a lenient approach, opining that the lapse was a result of a genuine misjudgment and since the reason for the tree felling was for a good cause, namely to enable better access to a hospital for paramilitary personnel. Therefore, the Court decided to close the contempt of court proceedings earlier initiated against such DDA officers when the matter was being heard by benches led by then Justice BR Gavai (now Chief Justice of India) and now-retired Justice AS Oka."There are two categories (of contempt of court): malafide abuse of power and genuine administrative misjudgment ... The broader objective (for felling the trees) was to widen roads for a hospital. This case falls under the category of administration misjudgment ... Access to quality medical care of the officers is a necessity and it reflects the moral compass of the state," today's order stated. .The Court made it clear that it is closing the contempt proceedings against former DDA Vice-Chairman Subhasish Panda, noting that he is no longer holding the post and was not a whole-time member earlier.The ruling today would come as a relief for Delhi Lieutenant Governor (LG) VK Saxena as well. While the LG was not a party to the contempt case, a bench led by Justice Oka had earlier taken strong exception to Delhi LG's alleged role in the felling of trees.A bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra later sought an explanation from him. In response, LG Saxena submitted an affidavit explaining that he was not made aware of the requirement to obtain Court's prior permission for felling the trees until after the tree felling began..The case centred on allegations that the DDA permitted the cutting of over 600 trees in the Ridge region without obtaining the Supreme Court's mandatory approval. This action was purportedly undertaken to facilitate the widening of a road leading to the under-construction Central Armed Police Forces Institute of Medical Sciences (CAPFIMS) hospital. The road expansion aimed to improve access for paramilitary personnel to the medical facility.During earlier proceedings, the DDA acknowledged the unauthorized tree felling and proposed compensatory measures, including the plantation of approximately 70,000 saplings across 185 acres in Delhi. .In today's ruling, the Court added that it has issued detailed directions on such remedial measures that have to be taken by the Delhi government and the DDA.The Court said it has ordered the formation of a three-member committee, which is to examine compensatory afforestation to make up for the lost trees by formulating a plan. Periodical progress reports are to be submitted to the Court, it added.The DDA was also directed to finish developing the road to the hospital promptly and explore the possibility of ensuring thick coverage of trees on both sides of this road..Further, the Court has ordered that a due identification exercise has to be carried out to find out if there are affluent people who benefitted from the road construction, who may be made to pay as well.All officers of DDA who are found responsible for the unauthorised tree felling shall pay ₹25,000 each, the Court ordered."This is in addition to any other penalty imposed by an internal inquiry committee. The departmental proceedings are to be taken to a logical end. The contempt case shall lie closed therein," the Court said..In April 2024, a Bench led by Justice BR Gavai (now Chief Justice of India) designated to oversee forest-related matters issued a contempt notice to the DDA concerning the unauthorized tree felling in the Ridge area. Subsequently, in May 2024, another bench headed by Justice AS Oka initiated separate contempt proceedings on the same issue. The parallel proceedings were taken note of in July 2024, when Juste Gavai expressed displeasure over the fact that two benches were simultaneously dealing with the matter. A three-judge Bench of Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan proceeded to refer the matter to the then-Chief Justice of India (CJI), so that the case may be appropriately listed before one bench.The matter was then heard by a bench led by then-Chief Justice of India (CJI) DY Chandrachud. Later, his successor, Chief Justice of India (CJI) Sanjiv Khanna (now retired) in November 2024 recused himself from hearing this case since he had met the Delhi LG on certain occasions as NALSA chairman. Today, the matter has been closed by the bench of Justices Surya Kant and NK Singh. .[Read Live Coverage]