New Delhi, Dec 18 (PTI) The Delhi High Court has issued a show cause notice to the deputy conservator of forest for allowing pruning of trees without inspection or reasons.

Justice Jasmeet Singh said there was a prima facie contravention of provisions of the Delhi Preservation of Trees Act (DPTA) and the orders of the court, reflecting an "overall unsatisfactory state of affairs".

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"It seems that the Deputy Conservator of Forest, South Forest Division is not aware of the statutory duty and responsibility cast upon the Department of Forest and Wildlife. This court has time and time again reminded the DCF of their role of preservation of trees, which is the primary objective behind the statute and that permission for felling, cutting, removing or disposing of a tree under section 9 of the DPTA cannot be passed in a causal and cavalier manner," said the court in an order passed on December 13.

The court therefore ordered, "Let a show cause notice be issued to the Deputy Conservator of Forest, South Forest Division as to how the blanket permissions for pruning of trees have been given without due inspection or reasons in contravention to the provisions of DPTA. Let the response be filed within 2 weeks from today."

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The court was hearing a case where permission was granted for "light pruning" and "heavy pruning" of trees by the tree officer and the deputy conservator of forest (DCF), south forest division despite an order banning pruning in Delhi except in accordance with the law.

The court said the DCF's role was not only punitive but preventive, and under the law, permission to prune trees should be given only in exceptional circumstances after due inspection.

The judge directed no pruning should be take place till the forest department formulated guidelines to ensure the activity was carried out and monitored in accordance with the DPTA provisions.

The court said it was "unable to appreciate" the stand of the official that it was the land owning agency concerned which had to ensure compliance of the orders. The court also noted the department did not depute anyone to supervise that the trees were not over-pruned.

The judge said the DCF "palming off its responsibility" to the land owning agencies could not be accepted as once permissions were violated, it caused irreparable damage to trees and the environment at large.

"In the meanwhile, it is directed that all the DCFs shall ensure that no pruning is undertaken till the Department of Forest and Wildlife has a mechanism/guidelines/SOP in place to ensure that the pruning is done and monitored in accordance with the provisions of DPTA," said the court.

The order however clarified if pruning had to be carried out under the DPTA, the Department of Forest would ensure the presence of an eligible and responsible supervisor.

The court also dealt with a PWD order permitting its executive engineer to clear 1,20,000 square metre of the forest area under the Southern Ridge and said such an order prima facie could not have been passed as it fell within the domain of the forest department.

"It is unacceptable how felling on such large-scale has been permitted (with or without knowledge of the DCF)," it said.

The court lamented the forest department's failure to keep a check on the "rampant felling of trees" in Delhi and issued a show cause notice to the PWD and its executive engineer and asked the DCF (south) to appear and explain why contempt action should not be initiated over the unauthorised clearing of forest in Jaunapur.

It said though several directions were passed to prevent the "incessant and mindless felling of trees" in Delhi, the department continued to display lack of sensitivity and the approach of the DCF was "extremely lackadaisical".

"It seems that the DCF is under an impression that trees are a dispensable commodity and that the Ridge is the only area which can be utilised for additional space requirements," the court said.

The petitioner was represented by advocate Aditya N Prasad.

In 2023, the high court set aside the guidelines permitting regular pruning of branches of trees with girth up to 15.7 centimetre without specific prior permission of the tree officer and ordered no pruning of trees would be permitted in Delhi except in accordance with the law.

The matter would be heard in January, 2025.

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