SC orders tree census in Delhi, says no felling of 50 plus trees without CEC’s permission

The Supreme Court on Thursday ordered a census of trees in the national capital and said no felling of 50 or more trees can take place without the prior permission of the Central Empowered Committee (CEC).

A  Bench led by Justice Abhay S Oka directed the Forest Department of the Delhi Government to involve the Forest Research Institute (FRI) in the census and assistance of three experts - retired Indian Forest Service officers Ishwar Singh and Sunil Limaye and tree expert Pradeep Singh – has to be taken.

“The infrastructure shall be provided by Government of India as per requisition made by Tree authority," it ordered.

“Trees are a very important part of our environment. The precautionary principle requires the government to anticipate and prevent and eradicate causes of environmental degradation including to act sternly against the violators,” the Bench said, while dealing with a plea seeking to make it mandatory to have the court's permission for felling of trees in areas covered under the Delhi Preservation of Trees Act, 1994.

It directed the CEC to examine the documents for tree felling and decide whether to grant permission or any modification was required.

"On receipt of documents, it will be open for CEC to call upon tree officers to get additional documents. CEC will consider the application and all other aspects and will decide whether permission deserves to be granted or be granted with some terms and conditions. We make it clear that while granting permission to felling of 50 or more trees, unless the thing is exceptional, the condition should be imposed as to planting of trees else permission for felling should not proceed," it said.

The CEC can reject the application or partly allow it or modify the reasons of permission by the tree officer, it added.

Regarding Section 9(4) of the Delhi Preservation of Trees Act, 1994, which talked about a “deemed permission” for tree cutting in case the tree officer does not communicate his decision within 60 days, the Bench ordered “that no one shall act upon deemed permission under section 9(4) without the permission of court".

Tree officers will inform every applicant that even if permission is granted by them, the same cannot be proceeded with unless vetted by CEC, it said.