High Court Orders Plantation Of 10,000 Trees In Delhi, Appoints Court Commissioners For Such Exercise

The Delhi High Court has directed the plantation of 10,000 trees across Delhi and has appointed Court Commissioners for the purpose of such plantation exercise.

A Single Bench of Justice Najmi Waziri observed, “Each tree shall have a minimum of three-years’ nursery-age and a minimum trunk height of 10 feet. From the Rs.70 lacs at least 10,000/- trees shall be planted. Let it be so done. A compliance affidavit, along with photographs showing the plantation sites before and after plantation, duly protected by tree-guards/fences, shall be filed both by the DCF concerned and the Court Commissioners. Community participation, to the extent plausible, in the plantation and maintenance of the trees shall be encouraged. Copy of this order be served upon DCF concerned through the Standing Counsel (Civil) GNCTD, 430 Lawyer’s Chambers, Delhi High Court, who shall coordinate the plantation exercise. The Registry is directed to serve a copy of this order upon the learned Court Commissioners through email and WhatsApp.”

The Bench said that the sites for plantation, preferably public roads, shall be identified by the Court Commissioners and that the DCF (Deputy Conservator of Forests) too shall assist in this regard.

No one appeared on behalf of the appellant i.e., New India Assurance Co. Ltd., and respondents in this matter.

About Rs. 80 lakhs were deposited in the court as costs that were imposed on the defaulting litigants in scores of contempt petitions and writ petitions, etc. Such monies were to be utilized for the larger public good and the plantation of trees was one such exercise that the court considered because according to the court, trees, for as long as they are alive, be it for decades or for centuries, would incessantly and silently provide multiple benefits to the city; provided however, that people and the land-owning agencies do not interfere in or hinder their growth.

The High Court noted, “The benefit that trees would provide to generations of residents of Delhi, by way of fresh oxygen would be immeasurable. They would also serve as carbon sump, to absorb in some measure, the atmospheric pollution which plagues the city all year round. Additionally, they would lend beauty and grace of the city and provide a soothing ambience to every passerby.”

The Court said that as has been directed in the order dated May 24, 2023, over Rs.70 lakhs are to be transferred into the bank account of the Deputy Conservator of Forests, GNCTD maintained at UCO Bank, Delhi High Court Branch, New Delhi.

“Let the said monies be utilised by the DCF, with the assistance of PWD, GNCTD to plant trees in such areas as may be identified by 1) Mr. Shadan Farasat, ASC, (M: 9818009824) (info@farasatlaw.com), 2) Mr. Avishkar Singhvi, ASC, GNCTD, (M:9910778076) (chamber.singhvi@gmail.com), 3) Mr. Tushar Sannu, Standing Counsel, NDMC, (M: 9911991166) (adv.tusharsannu@gmail.com), 4) Mr Aditya N. Prasad, (M:9213155390) (chambersanp@gmail.com) and 5) Mr. Atul Bhuchar, (M: 9891096655) (atulbhuchar@bhucharlegal.com). They shall each have at least 2500 trees planted. They are hereby appointed as Court Commissioners”, directed the Court.

The Court observed that the assistance apropos their transportation, etc. shall be arranged by the PWD/ Forest Department, GNCTD, and that the local police shall assist the DCF as well as the Court Commissioners in the plantation exercise. It further observed that depending upon the soil type and topography, the DCF may consider planting a variety of trees, along with PWD/MCD roads such as Pilkhan, Kachnaar, Goolar, Jamun, etc.

“The account for procurement of trees shall be filed by the DCF and a copy of the same shall be supplied to the learned Court Commissioners as well. Liberty is granted to the latter to approach the court in case of difficulty and in case of non-compliance of the orders or non-cooperation by any agency. Signboards shall be put-up at prominent places to inform the public that the plantation has been carried-out under the directions of the Delhi High Court. The land-owning agency shall plant them under supervision of the Tree Officer/DCF, GNCTD. They shall file their report along with photographs”, also said the Court.

The Court concluded that in case of any attrition of the trees or any damage to them, the land-owning agency shall promptly remedy the situation with the advice of the Tree Officer and keep the Court Commissioners informed with photographs, the status reports of which be filed every six months.

Accordingly, the Court listed the matter on July 7, 2023.

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

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