Supreme Court suggests first tree census for Delhi

The Supreme Court is considering a tree census in Delhi to address the alarming rate of tree felling. A proposed expert committee would require approval for any tree removal, adding a layer of scrutiny to protect the city's dwindling green cover. The court emphasized the connection between tree preservation and the fundamental right to a healthy environment.

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NEW DELHI: To check felling of trees in the capital, which as per MCD data is five trees per hour, Supreme Court on Friday said it was in favour of passing an order to conduct a tree census in the city, which will be a first, and also for setting up of a committee of experts without whose approval no tree would be cut. Abench of Justices A S Oka and Augustine George Masih said it would lay down criteria to be followed for felling of trees and an additional lawyer of scrutiny would be put in place in the form of the panel to stop illegal felling of trees. The panel, to be appointed by the apex court, will have final say and its approval will be mandatory after green signal is given by various govt departments for felling of trees.

The court was also in agreement with the suggestion of senior advocate ADN Rao that the local SHO should be held personally liable for any illegal cutting of trees. It indicated that the census would also be conducted in the protected Taj Trapezium Zone in Agra. “We are of the view that census of existing trees is needed and a mechanism has to be put in place to keep vigil to stop illegal felling of trees,” the bench said.



It was hearing a plea seeking complete ban on felling of any tree in the city without the court's permission, which at present is applicable only to forest trees. The petitioner said as per MCD data, the number of trees allowed to be felled with official sanction in the years 2019, 2020 and 2021 under all categories was 1,33,117 which meant 44,372 trees were felled every year and five trees every hour. Taking note of the allegation that various authorities, which have been entrusted with protecting trees under the Delhi Preservation of Trees Act (DPTA), had failed to perform their duties, resulting in green cover of Delhi depleting, the court said no tree would be cut without the approval of the court-appointed panel and, in some cases, the SC's approval would also have to be taken when the number of trees was comparatively more.

Maharashtra Jharkhand Maharashtra Alliance View i Party View Seats: 288 L + W Majority: 145 BJP+ 25 MVA 3 OTH 2 Leads + Wins : 30 / 288 BJP+ LEADING Jharkhand Alliance View i Party View Seats: 81 L + W Majority: 41 NDA 8 INDIA 3 OTH 0 Leads + Wins : 11 / 81 NDA LEADING Source: PValue The bench issued notice to MCD and Indian Railways on a plea filed by Inderpuri Residents Association seeking court's direction to restrain authorities from cutting trees to construct a foot overbridge at Railway Halt near the colony. It directed that no cutting of trees be done and ordered the SHO to visit the site and ensure compliance of its order.Senior advocate Gopal Sankaranarayanan and lawyer Manan Verma, appearing for the petitioner, said there was no need for construction of a new foot overbridge.

Advocate Ajay Jain, appearing for the railways, however, said no tree would be cut. “It is of paramount importance to note that protection and preservation of existing trees has a direct and proportional effect on protection of the environment in the capital. The inaction of authorities to protect existing trees has a direct and proportional effect on the health and wellbeing of the applicant and the general public, including the violation of their right to a clean and healthy environment, which is implicit in their fundamental right to life guaranteed under Article 21,” petition said.

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