NEW DELHI: The Delhi High Court has issued a series of binding directions to ensure effective implementation of the Standard Operating Procedure (SOP) governing the felling and transplantation of trees in the national capital. Justice Jasmeet Singh underscored that the directions are intended to protect the citizens’ constitutional right to a clean and pollution-free environment.
“This Court is dealing with the rights of the citizens of Delhi and the rights protected under Article 21 of the Constitution of India to live in a clean and pollution free environment. Hence, this Court is not considering a policy decision of the respondent, but only an SOP made pursuant to the directions passed by this Court,” the Court ordered.
The directions came in response to a contempt petition highlighting non-compliance by officials with earlier judicial orders. The petition raised concerns that Tree Officers were failing to provide reasons while granting permission to fell trees, in violation of court-mandated safeguards.
To strengthen accountability and environmental oversight, the Court ordered that the Divisional Conservator of Forests (DCF) or Tree Officer must be involved right from the planning stage of any project that may involve tree felling or transplantation.
“Additionally, the compensatory plantation shall ensure that the trees which are to be planted are not less than 6 feet in height, have a nursery life of 5 years and a collar girth of not less than 10 cms,” the Court added. It also mandated that the applicant seeking permission to fell trees must file an affidavit undertaking to care for the compensatory trees for five years, which includes watering, maintenance, and general upkeep. Furthermore, trees that are to be transplanted must not be heavily pruned.
Justice Singh directed the Tree Officer and other authorities to evaluate each proposal for felling or transplantation of trees by considering several ecological and environmental factors, including the number of applications submitted for a particular project, cumulative environmental impact of the project, beyond just the proposed site, availability of alternative locations, effect on local green cover, age of the trees and the ecosystem they support and probability of survival post-transplantation.
The court said all permissions under the SOP must align with the Delhi Preservation of Trees Act, 1994, and that post-approval monitoring will be undertaken by the DCF.