Law on trees for saving and not felling them: Supreme Court

A bench was hearing issues related to the unauthorised felling of trees and the strict implementation of provisions of the Delhi Preservation of Trees Act.

New Delhi: The Supreme Court on Wednesday observed the laws on trees are for saving and not cutting them and said it would pass orders on tree census and steps to save them in Delhi.

A bench comprising Justices A S Oka and Manmohan was hearing issues related to the unauthorised felling of trees and the strict implementation of provisions of the Delhi Preservation of Trees Act and other state laws.

The issues stem from a PIL of environmentalist MC Mehta filed in 1985.

The bench had recently criticised the Delhi government for the lack of progress in taking steps to enhance the green cover and said it would appoint an external agency to suggest measures for its enhancement.

"All the Trees Acts are for saving the trees, not cutting. We will look into the aspect of tree census and the working of tree officers and tree authorities about the steps taken to save the trees so that indiscriminate tree felling permissions are not granted," said the bench on Wednesday.

The bench mulled directing the tree authority to take assistance of the Forest Survey of India to carry out tree census and said it would also deal with issue of infrastructure to authorities to take measures.

"We will look into the aspect of working of officers of tree authorities as to what steps they are taking for conservation of trees. There cannot be indiscriminate orders passed by tree officers. Suppose there is an application for felling 25 trees, the tree officer cannot pass orders alone. There has to be a team of experts which will consider it as well. These experts can also oversee tree census,” it said.

Senior advocate Gopal Sankaranarayanan, appearing for a litigant, suggested the name of former Delhi High Court judge Justice Najmi Waziri to head the committee of experts.

"Please don't appoint the honourable retired judges in this because this is not a one time issue,” said additional solicitor general Aishwarya Bhati, representing the Centre.

The bench would also deal with the capping of the number of trees for felling with requisite permission.

On the point of tree census, the court noted it had to be carried out by the tree authority under the prescribed law.

It said the forest department along with the Forest Survey of India could undertake the tree census with experts overseeing it.

"We will create a framework on this," the bench said.

The top court would continue the hearing on December 19.

On December 9, the bench proposed to appoint an agency, which could suggest steps towards enhancing the national capital's depleting green cover.

It had highlighted the need for a census of trees in the national capital and said it wanted to create an authority to supervise the work carried out by the tree officer.

On the separate issue of the Taj Trapezium Zone (TTZ), it had earlier mulled conducting a tree census in 10,400 square-kilometre area of the TTZ and developing a mechanism to keep a vigil on illegal tree felling.

The TTZ spreads across Agra, Firozabad, Mathura, Hathras, and Etah districts in UP and Bharatpur district in Rajasthan.

While hearing a separate plea that raises the issue of unauthorised felling of trees in the TTZ, the top court had said the census of existing trees in the area was required to check any illegal tree felling.