No Trenching Activity Shall Take Place On Green Belt Of Station Road In Delhi Cantonment Without Compliance: High Court Directs Authorities

The Delhi High Court directed the Tree Officer and SHO (Station House Officer) that no trenching activity shall take place on Green Belt of Station Road in Delhi Cantonment without compliance of its earlier order dated January 29.

An application was filed by the Court Commissioner seeking stay of trenching activities being undertaken in violation of the orders of the court.

A Single Bench of Justice Jasmeet Singh ordered, “In this view of the matter, it is directed that no trenching activity shall take place on the Green Belt of Station Road without complying with the mandate of the order dated 29.01.2024. The Tree Officer as well as SHO will ensure compliance of the letter dated 31.05.2023 and order dated 29.01.2024 in its true letter, spirit and intent.”

Advocate Aditya N. Prasad appeared on behalf of the plaintiff while ASC Sameer Vashisht appeared on behalf of the defendant.

In this case, the High Court on January 29 noted a letter issued by the Department of Forest and Wildlife by which it was directed that all the agencies undertaking civil works in Delhi shall incorporate that two meters radius from any existing tree shall not be excavated without the prior permission of the Tree Officers. It was pointed out that trenching work was undertaken on Green Belt of Station Road at Delhi and the photographs showed that two-meter distance was totally been given a go by and the roots of the trees were cut without paying any heed to the two-meter safety.

When this was pointed out by the Court Commissioner, the SHO PS, Delhi Cantt. showing due importance to the issue, reached the spot and made enquiries and duly communicated the fact to the Deputy Conservator of Forest. The Deputy Conservator immediately passed an order on February 15, directing to cease all excavations and construction work at the site.

The High Court in the above context said, “The tree officers as well as SHO may take remedial measures for the damage already caused.”

The Court noted that there seems to be blatant violation of its order dated January 29. Hence, it issued show cause notice to the Chief Engineer, Delhi Zone, Military Engineer Service (MES), explaining as to why contempt proceedings be not initiated for disobedience of the directions contained in the said order.

Accordingly, the Court listed the case on February 23.

Cause Title- New India Assurance Co. Ltd. v. Himanshu Sharam & Ors.

Appearance:

Plaintiff: Advocates Aditya N. Prasad and Shambo Nandy.

Defendant: ASC Sameer Vashisht, Advocates Vedansh Vashisht, Vanshay Kaul, and Harshit Nathrani.

Click here to read/download the Order