Contempt proceedings against MCD, Forest Dept by Delhi HC over failure to de-concretise trees

New Delhi: The Delhi High Court has prima facie found Municipal Corporation of Delhi (MCD) and Deputy Conservator of Forest (DCF) guilty of contempt of court for non-compliance of its directions passed in relation to revival of trees drying due to concretisation around the trunks.

A Bench of Justice Jasmeet Singh was considering a plea seeking directions against the MCD and the Forest Department for de-concretisation of a tree in Old Rajinder Nagar of the national Capital, apart from contempt proceedings against the erring officers.

The tree, at least 60 years old, was concretised and due to the weakening of the roots caused by rampant concretisation, the tree tilted and was threatening the adjoining house.

Rather than de-concretisation of the tree, the MCD sought permission for heavy pruning and on September 6, the personnel from MCD’s Horticulture Department incessantly pruned the tree in question, leaving it completely bereft of any leaves, stated the applicant before the High Court.

After perusal of the photographs, the Delhi HC said that the above narration showed the pitiable condition of the trees in and around the national Capital.

In its judgment, it noted, “The tree is completely concretised, which resulted in weakening of the roots. The same could perhaps be because of an existing illegal structure, which seems to be a religious structure, covering the entire root of the tree. Thereafter, the tree has been cut and today it remains just a log of wood.”

In February 2022, the MCD had assured the court that every endeavour would be made to revive trees, which have dried, possibly on account of concretisation of the earth around the tree trunks, with the assistance of the Forest Department and experts.

“Despite the order having been passed more than two-and-a-half-years ago, there are no steps, which are visible on the ground, showing de- concretisation of trees and compliance of orders of this court,” said the Delhi HC, adding that present case of the Peepal/Banyan tree is a classic example of “total disregard for the orders passed by the court and lack of due care.”

It added, “The senior officials of MCD and the Department of Forest are responsible to ensure that the orders passed by the court are taken to their logical conclusions through their subordinate officers.”

Posting the matter for hearing on September 20, the High Court ordered that notice be issued to the Commissioner, MCD as well as to the DCF, North-West as to why contempt action should not be taken against them for violating its orders.

It directed that all possible steps shall be taken to restore the tree, asking the DCF as well as the MCD will take a survey of the area to see that other similar trees are taken care of.

“Let reply be filed within one week from today, wherein both the Commissioner, MCD as well as DCF North-West shall join through VC. In addition, another affidavit showing de-concretisation of trees in Delhi will be filed under the signatures of Commissioner, MCD and PCCF within two weeks from today,” the Delhi HC added.