Supremacy of Law Upheld: Supreme Court Finds DDA in Contempt Over Delhi Tree-Felling
Hearing a case pertaining to the illegal felling of trees in Delhi's Ridge area, the Supreme Court held the Delhi Development Authority (DDA) guilty of contempt on Wednesday; revealing that 'the majesty of law is supreme; and contempt is provided for by the constitutional framework in India.
The Supreme Court was pronouncing a judgment in the contempt matter against the DDA for illegally felling trees in Delhi's Ridge area in the course of a road widening project to facilitate transportation to the CAPFIMS Paramilitary Hospital. A bench of Justices Surya Kant and NK Singh stated that the conduct of the respondents had been contemptuous and their action was satisfying the classic definition of criminal conduct. "The majesty of law is supreme; contempt is provided for by the constitutional framework in India. It is not subjected to parliamentary legislation and it is part and parcel of judicial independence," Justice Kant said.
He added that when there are willful disobedience of court's orders, the approach of the court has to be stringent. The bench observed that while the case involving significant contempt was serious - even naming the Lieutenant Governor VK Saxena as a contemnor for allegedly illegal felling of trees - the respondents had acted without malice and in good faith.
"The ultimate goal was to widen roads for a hospital (for the jawans). The case falls into the category of administrative error. We are governed by constitutional morality, and are rooted in social, economic justice, and equity," said the court. "Quality medical access for the officers is a need, and this is an indicator of the state's moral compass."
The court urged the DDA, along with the Delhi government, to undertake urgent measures for large scale afforestation within three months. A three-member committee formed by the court will monitor those measures, and submit a periodical report to the court.
DDA and the Delhi government have also been directed to undertake "comprehensive measures" that will increase green cover in the national capital, with the entire cost being borne by the DDA. It has also requested a process to identify all the rich individuals who benefitted from the road expansion. These individuals will face a one-time charge equal to the amount of construction.
"From now on, any direction or notice about planting trees, constructing roads, felling trees or anything that could have an ecological impact must state that there are proceedings pending before this Court. This is to avoid any plea of ignorance in the future," said Justice Kant.
The top court had issued a notice of criminal contempt against DDA vice chairman Subhasish Panda in August for permitting large-scale felling of trees in the Satbari area of southern Ridge, to construct a road from Chhatarpur to South Asian University. The DDA has stated it cut about 600 trees whereas the forest survey stated the number was 1,600.
