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Delhi High Court hauls forest department for being responsible for pollution mess

The forest department in Delhi has been pulled by the Delhi High Court for passing orders which are cryptic order and “stereotypical” permitting felling of trees in capital.

The bench of Justice Jasmeet Singh remarked orally about the casual approach of the department that has led toxic levels making the Air Quality Index (AQI) reaching alarming levels.

The Court came heavily on the department questioning them as to why they are not working towards pollution control and making the people live in gas chambers.

The bench held them responsible for the mess that the citizens of Delhi are in today due to pollution. The court quoted machines that record air quality showing AQI level at hazardous levels.

The Court was hearing a contempt petition filed against the Delhi forest authorities for granting permission for felling of trees by passing “one line orders” and not giving any reasons for such directions.

The Court had on September 14, 2023 ordered that no permission shall be granted for felling of trees to construct houses in the city. In August, the Bench had 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.

Advocate Aditya N Prasad appeared for the petitioner Bhavreen Kandhari and 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.

The bench remarked that 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.

It added that the Court is not against development but development must co-exist with nature and heritage.  

The bench said that the 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?”

Justice Singh further hinted that on the next date of hearing, he will consider framing contempt of court notices against the forest officials.

The matter was then adjourned to November 8 as an application filed by the government seeking clarification of the Court’s order was not on record. 

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