The bench then asked about the number of trees planted in place of the ones already cut.
The Supreme Court on Monday said it will not consider a fresh application by the Delhi Development Authority (DDA) to cut more trees in the eco-sensitive Ridge area to widen the approach road to the Central Armed Police Forces Institute of Medical Sciences (CAPFIMS) unless it is satisfied that its earlier directions on compensatory afforestation have been complied with. “We will not allow anything to happen unless we are satisfied that our directions have been complied with,” Chief Justice of India Surya Kant presiding over a two-judge bench said. The bench also comprising Justice Joymalya Bagchi was hearing DDA’s application for permission to cut 473 more trees to widen the road.
Appearing for DDA, Solicitor General Tushar Mehta said that “the road, right now, is 14 metre wide and only one vehicle can reasonably pass through it right now.” As trucks bringing medical supplies can’t pass by a narrow road, only an outpatient department (OPD) has been started so far at the hospital, the court was told.
The court said it had already dealt with the question of the requirements of the hospital and the point now is about reforestation. The bench then asked about the number of trees planted in place of the ones already cut.
Holding former DDA Chairman Subhashish Panda and other officials guilty of contempt of court for felling of trees in the area for the road without its sanction, the SC had on May 28, 2024, issued a series of directions, including compensatory afforestation, to make up for the lost trees.
Mehta and senior advocate Maninder Singh, also appearing for DDA, pointed out that that 185 acres was identified and possession was handed over, and that the Authority will complete the work on construction of the boundary walls by February 28. The top court was also informed that tenders have been issued to execute plantations on 18 sites, identified under the 185 acres of total land.
The CJI said, “We need a complete report on what steps have been taken in all the 18 spots so far, and what you are going to do?” The court said it wanted to see the photographs.
The SG assured that he will take instructions on it and get back. Senior advocates Guru Krishnakumar, the amicus curiae in the matter, and Gopal Sankarnarayanan, who represented original petitioner Bindu Kapurea in the case, said DDA also wanted to uproot the saplings that were planted in place of the trees felled earlier. In a lighter vein, the CJI added, “…Those saplings were planted out of fear of contempt.”
“We are not going to allow anything in hurry,” the CJI added. He added that forestation in the 18 pockets is “extremely important.”
“Fortunately the outcome of this order is that instead of just one place, it will be in 18 places and will have a long-lasting impact,” the CJI added.
Krishna Kumar said the court should ensure that once an inch is given, a mile is taken. The CJI added in a lighter vein, “We do not want these 18 pockets as AI-generated forests.” The bench will now hear the matter on January 19.
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