NEW DELHI: The Supreme Court on Monday said that it will allow the Delhi Development Authority (DDA) to cut further trees in the ridge area only after it is satisfied that the authority has complied with the previous directions of May 28 regarding afforestation and restoration.
The two-judge bench of the apex court, headed by CJI Surya Kant and Justice Joymalya Bagchi, was hearing an application filed by the DDA seeking permission to cut 473 trees to complete the road widening project that links to CAPFIMS (Central Armed Police Forces Institute of Medical Sciences) Hospital.
While clarifying that the court will not allow anything to be hurried and would want to first examine the progress so far, the top court fixed the matter for further hearing to January 19.
The DDA has moved the apex court seeking directions for translocating 2,519 saplings of trees and shrubs and the diversion of 2.97 hectares of Forest Land for road construction.
During the course of the hearing on Monday, the Solicitor General (SG) Tushar Mehta, appearing for the DDA, requested time till Friday for seeking proper instructions on the progress of compliance so far.
The CJI told him, "We need a complete report on what steps have been taken in all the 18 sites so far, and what are you going to do?"
The SG argued that the saplings would be required to be relocated, else the road construction would not be completed. He added that so far, the CAPFIMS Hospital only has one functional OPD.
The petitioner, DDA, sought permission to fell 473 trees as part of a proposed infrastructure project, subject to compensatory afforestation in accordance with statutory norms. It further sought approval for the transplantation of 2,519 saplings to an alternative site, with assurances regarding their survival and post-transplantation monitoring.
"The proposed measures were consistent with the principles of sustainable development and inter-generational equity, which have been repeatedly underscored by the Supreme Court in environmental jurisprudence," said the plea filed by the DDA.
The application also sought leave for the construction of an access road through approximately 0.79 hectares of the Morphological Ridge to facilitate connectivity to a hospital established for the treatment of personnel of the Central Armed Police Forces.
The petitioner further sought permission for the use of nearly 2.97 hectares of forest land for allied purposes, contending that the project served an essential public purpose and was integral to public health infrastructure.
The Authority in its plea cited the regulatory regime under the Forest (Conservation) Act, 1980; the Environment (Protection) Act, 1986; and relevant notifications governing ridge areas, while also invoking the Supreme Court’s precedents in TN Godavarman Thirumulpad versus Union of India.
It also added that there were certain cases, which mandate strict scrutiny of forest land diversion while allowing limited exceptions for projects of overriding public interest, subject to stringent safeguards.
