Tree felling: Delhi High Court passes directions to ensure effective implementation of SOP

New Delhi: The Delhi High Court has passed a slew of directions to ensure the effective implementation of the standard operating procedure on felling or transplantation of trees in the national capital.

Justice Jasmeet Singh underlined the rights of the citizens of Delhi and the rights protected under Article 21 of the Constitution to live in a clean and pollution free environment.

In addition to the SOP which are already gazetted, the court directed the deputy conservator of forest (DCF) or tree officer to be involved at the planning stage of a project which involved 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 judge said on May 20.

The court said the applicant seeking felling of trees would file an affidavit, undertaking to take care of the compensatory planted trees for five years, including watering, maintenance and general upkeep.

The trees sought to be transplanted should not be heavily pruned, it added.

The authorities or tree officer, the court said, should consider the number of applications made by the proponent for a particular project aside from the total footfall of the project on the environment and not just the site in question besides the availability of alternative sites.

The officer was tasked to further account for the overall impact on the green cover in the neighbourhood, age of trees and ecosystem supported by them with the possibility of tree surviving transplantation.

The court said the SOP will function in line with the Delhi Preservation of Trees Act and the post-approval monitoring will be done by the DCF.

The court was dealing with a contempt plea for non compliance of judicial orders over preservation of trees after the high court observed a tree was felled every hour in Delhi under official sanction.

The contempt plea said the officials in the national capital were not following the April 2022 directions, requiring the tree officers to spell out reasons for permitting felling of trees.

"It would be appropriate that the tree officer(s) give due consideration to transplantation of each tree which is sought to be cut, before granting any further permission for cutting of trees. This would entail inspection of the trees which are sought. The reason for grant or denial of permission would have to be spelt out in the order of the tree Officer along with photographs of each tree," the high court on April 28, 2022 said.