Delhi LG tells SC he wasn't aware of requiring court's permission for felling of trees
Oct 23, 2024
New Delhi [India], October 23 : The Chairperson of Delhi Development Authority (DDA) and Lieutenant Governor of Delhi VK Saxena has filed an affidavit before the Supreme Court saying he was not made aware of the requirement to obtain permission from the top court before felling of trees in the South Delhi Ridge forest area.
LG Saxena said that it was only after the incident of illegal felling of trees that happened from February 16 to 26, that he was informed in letter by the DDA Vice Chairman on June 10 about the said development.
He said in February 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 permission for felling trees is awaited from the competent authority.
The affidavit stated that LG had called for the communication of such approval to be expedited, but did not realise that the apex court's permission was also required.
The affidavit submitted, "On this, the deponent (Saxena) informed that for the trees falling under DPTA, 1994, the Forest Department had already taken approval of the Minister (Environment & Forests) and Chief Minister with my concurring opinion. The deponent had observed that the concerned officials should expedite the communication of the approval in this regard to the DDA. In any event, the direction of deponent, by no stretch of imagination, was to by-pass the the law. The deponent had also not issued any instructions to not take any permission, wherever it was required law."
"The deponent was also not aware, nor made aware of the fact that further permission was required from this court," the affidavit added.
LG said that he was informed of the trees felling permission from the apex court only on March 21, 2024 after DDA had proposed a constitution of Committee of Experts in compliance with the directions of the court in a case.
"As regards the fact that the actual felling of the trees commenced on or about February 16, 2024 was informed to the LG only through a letter by the Vice Chairman of DDA on June 10, 2024, which was issued pursuant to the directions of this court," it added.
Saxena assured the apex court that "the existing structures and mechanisms will be comprehensively reviewed in light of the report and prompt action will be taken which would not only reform the system, but usher in greater accountability and close monitoring of projects by senior officers"
He added that departmental inquiry has been launched against DDA officials who were responsible for the project's execution and a criminal complaint has also been filed against erring officers before a magistrate.
The affidavit of the LG was filed after the bench headed by Chief Justice of India DY Chandrachud asked LG to file his response in the contempt petition initiated by the top court against the Vice Chairman of the DDA, Subhasish Panda, over the felling of about 1100 trees.
LG further submitted that the Vice Chairman of DDA was undergoing a medical surgery on February 16 at AIIMS and was not present at the site during the "unfortunate event" of felling of trees during period of February 16 to 26 and requested the court to discharge the Vice Chairman from the present contempt proceedings.
On apex court's query regarding the whereabouts of the felled timber, the affidavit stated that after a joint inspection of the wood on July 3, 2024, the timber is now handed over to the Office of Deputy Conservator of Forest and has now been in possession and control of the Forest department of Delhi government.