Wasn't told about prior permission, no intention to bypass law: Delhi L-G to Supreme Court over tree felling 'error'

New Delhi: Delhi Lieutenant Governor (L-G) V K Saxena on Wednesday informed the Supreme Court that he was not made aware of the need for a prior permission for felling of trees in the Ridge area and necessary legal action had been initiated against the erring officials of the Delhi Development Authority (DDA).

In an affidavit, the L-G informed a bench headed by Chief Justice of India D Y Chandrachud that he had learnt about the development only after the incident of felling of trees took place between February 16 and February 26. The intimation, he said, came via a letter by the DDA vice chairman on June 10.

"Though a mistake, the work done by them (DDA officials) was bona fide and in the interest of public good. However, the actions which have been initiated departmentally by the DDA against the erring officials," the affidavit said.

According to the affidavit, a complaint under provisions of the Delhi Preservation of Trees Act (DPTA) read with with the provisions of the BNSS (Bharatiya Nagarik Suraksha Sanhita) was filed against the erring officials of the DDA, on July 5, 2024.

On October 16, the top court had directed the LG to file a personal affidavit detailing actions against erring officials for allegedly illegally felling around 1,100 trees in Delhi Ridge area in February.

The LG, who is also the chairperson of the DDA acknowledged that in February, 2024, he had visited the site of a road widening project to ease access to the Central Armed Police Forces Institute of Medical Sciences (CAPFIMS), when he was told that the permission for felling trees was awaited from the "competent authority".

"No one present at the said site on the date of the visit, brought to the notice of the deponent, the legal requirement of obtaining permission of this court for felling of trees,” he said.

LG Saxena claimed he had called for the communication of such approval to be expedited, but did not realise that the court's permission was also required.

"The deponent was neither aware, nor made aware of the fact that a further permission was required from this court," the LG said.

Saxena, however, said perusal of the sequence of events suggested the field officials of the DDA probably “misunderstood” the approvals received from the Govt of NCT of Delhi under the DPTA as a go ahead for felling of the trees.

"The forest department issued a notification on February 14, 2024, allowing tree cutting under this law. A follow-up letter from a tree officer on February 15, 2024, confirmed this, leading to the tree cutting starting on February 16, 2024," the affidavit said referring to three DDA officers for instructing the felling of trees.

The LG stated the Central Empowered Committee (CEC) of the Supreme Court had also granted approval for the CAPFIMS Project through a letter dated February 1, 2017 along with the environmental clearance and approval of National Board of Wildlife.

The permission was also granted to set up the SAARC University to fulfil the country's international obligations, he said.

The affidavit said that due care was taken to ensure less number of trees in the Ridge get affected.

“...In any event, the direction of the deponent, by no stretch of imagination, was to by-pass the law. The deponent had also not issued any instructions to not take any permission, wherever it was required by law,” the affidavit further said.

Regarding the whereabouts of the felled timber, Saxena said after a joint inspection of the wood on July 3, 2024, the timber had been handed over to the office of deputy conservator of forests and was in the possession and control of the forest department of GNCTD.

He added a set of measures for restoration of the felled trees had also been taken. The LG assured of a comprehensive review and action to ascertain accountability on officials while monitoring projects.

On October 16, the top court said it wanted the LG to fix accountability of the erring officials and take action, including disciplinary proceedings and criminal prosecution, without waiting for any judicial directions before the next date of hearing.

The top court sought information from the Delhi LG while hearing a contempt case against the DDA Vice-Chairman Subhasish Panda, other officials and some private parties over the alleged felling of trees.

The contempt case against the DDA officials and others was being heard by a bench headed by the CJI after two different benches heard connected but separate aspects of the contempt case.