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A bench of Justices A S Oka and Manmohan, hearing the issue of unauthorized felling of trees and the Delhi Tree Preservation Act, said that while granting permission to cut 50 or more trees, there should be a condition of planting the trees, unless the case is exceptional. yes. Otherwise the permission for harvesting should not be extended further.
During the hearing of the tree cutting case, the Supreme Court clearly said that the laws made on trees are to protect trees, not to cut them. The court said it would order a census of trees in Delhi and take measures to protect them. A bench of Justice AS Oka and Justice Manmohan was hearing issues related to unauthorized felling of trees and strict implementation of the provisions of the Delhi Tree Preservation Act and other state laws. The court was hearing a PIL filed by environmentalist MC Mehta in 1985.
The Supreme Court further said in the order that under the 1994 Act, if the authorities grant permission to cut 50 or more trees, after obtaining the permission, those authorities shall send all the documents to the CEC. On receipt of the documents, the option to call the officer for additional documents will be open to the CEC.
The Supreme Court said that the CEC will consider the application and all other aspects and decide whether permission should be granted or given with certain terms and conditions.
Planting trees should be a condition
The Court said that we make it clear that while granting permission to cut 50 or more trees, unless the case is exceptional, a condition is imposed for planting the trees, otherwise the permission to cut should not be extended. The court said that the CEC will have the power to reject the application or allow the application partially or modify the reasons for the permission granted by the authority. The Supreme Court said that while granting permission the officer should include a clause that first an appropriate order should be passed by the CEC and then the officer should provide a copy of the order to the applicant concerned.
What did the Supreme Court say on cutting trees?
Let us tell you that earlier the division bench of the Supreme Court had criticized the Delhi government for not taking steps to increase the green area. Senior advocate Gopal Shankaranarayan, appearing for one of the plaintiffs, suggested the name of former Delhi High Court judge Justice Najmi Waziri to head the committee of experts. Additional Advocate General Aishwarya Bhati, representing the Centre, said, “Please do not appoint honorable retired judges in this case as this is not a one-time issue.” The bench will also consider setting a limit on the number of trees cut with necessary permissions.
