NEW DELHI: CJI Sanjiv Khanna on Monday recused himself from hearing pleas related to the alleged illegal felling of several hundred trees in the Delhi Ridge area.
Earlier, a bench headed by the then CJI D Y Chandrachud, since retired, had sought a personal affidavit of Delhi Lieutenant Governor VK Saxena in the case, which had also sought initiation of contempt proceedings against certain DDA officials.
At the outset, the CJI, who was sitting on the bench with Justice Sanjay Kumar, said, “One thing, I would like to point out that when I was the NALSA chairman, I had gone to Patna, and with Delhi LG, (I) had toured the jails there. So, it will not be appropriate for me to hear the plea…”.
Earlier on October 23, L-G Saxena filed an affidavit before the top court defending his conduct in the case concerning the large-scale felling of trees in the Delhi Ridge forest area.
The Supreme Court on October 16 asked the L-G, who also holds the office of the Delhi Development Authority (DDA) chairperson, to file his personal affidavit by October 22, in connection with the issue of the felling of trees in the Delhi Ridge area, without the permission of the court.
The L-G had said, he was not made aware of the requirement to obtain permission from the top court before felling of trees in the South Delhi Ridge forest area. Saxena said that it was only after the incident of illegal felling of trees that happened from February 16 to 26, that he was informed in a letter by the DDA vice-chairman on June 10 about the said development.
He said, in February, he visited the site of the road widening project to ease access to the Central Armed Police Forces Institute of Medical Sciences (CAPFIMS) when he was told that permission for felling trees is awaited from the competent authority.
The affidavit filed by LG Saxena said that he had called for the communication of such approval to be expedited, but did not realise that the apex court’s permission was also required.
The affidavit submitted, “On this, the deponent (Saxena) informed that for the trees falling under DPTA, 1994, the Forest Department had already taken approval of the Minister (Environment & Forests) and Chief Minister with my concurring opinion.”