Delhi HC questions forest official over plea for transplantation of trees from deemed forest

New Delhi: The Delhi High Court on Wednesday pulled up a forest department official for filing a plea seeking permission to transplant three trees from a “deemed forest” for the construction of a flyover.

Justice Jasmeet Singh asked the Deputy Conservator of Forest (DCF) concerned to file an affidavit explaining if the aspect of the area being a “deemed forest” was considered by him before filing the application for removal of the trees.

In the application, the DCF said that the PWD had sought the transplantation of three trees for the construction of a flyover between Anand Vihar and Dilshad Garden and the removal of trees was necessary in that area to facilitate smooth flow of traffic.

The amicus curiae, lawyer Gautam Narayan, and the counsel for the petitioner, lawyer Aditya N Prasad, submitted that the stretch in question was a deemed forest, as disclosed in an affidavit filed by the city authorities in the Supreme Court, and the felling of trees, therefore, cannot be permitted there.

As the counsel for the applicant DCF sought the court’s permission to withdraw the application, the court asked the authority to first file an affidavit in the matter.

“You file an affidavit. I am not permitting you to withdraw today. How can you move an application for cutting trees in a deemed forest? First check, tell me was this inquiry done,” Justice Singh asked.

“Let a clarification be filed on affidavit indicating whether this aspect was considered by the applicant before filing the application,” the judge ordered.

In August 2023, the court had ordered that no permission for felling of trees would be granted, while noting that the authorities were recklessly granting permission for cutting trees and there was total non-application of mind.