SC refuses to issue orders to Delhi high court on tree-felling hearing
A bench of justices Abhay S Oka and Ujjal Bhuyan declined to issue a clarificatory order for the high court
The Supreme Court on Friday left it to the Delhi high court to decide whether to continue hearing a case on illegal tree felling in the national capital, even as a similar matter remains under consideration by the apex court.
A bench of justices Abhay S Oka and Ujjal Bhuyan declined to issue a clarificatory order for the high court in response to a request by senior advocate Gautam Narayan.
Narayan, who assists as amicus curiae in the Delhi high court proceedings, informed the Supreme Court that the Delhi government had asked the high court to vacate its orders restricting tree officers from granting permissions for major projects and residential construction, arguing that the Supreme Court was already examining the matter.
“The Delhi government has argued that since the matter is pending before the Supreme Court, which passed an order on December 19, 2024, all previous high court orders should be vacated,” submitted Narayan, requesting the Supreme Court’s guidance on the issue. He contended that the Delhi government aimed to prevent the high court from adjudicating further on the matter.
The apex court, in its December 19, 2024 order, had directed that tree officers must obtain approval from the Central Empowered Committee (CEC) before allowing the felling of 50 or more trees. However, the bench on Friday refused to intervene, stating, “If the high court wishes to continue despite our orders, it is for the high court to decide.”
On January 31, justice Jasmeet Singh of the Delhi high court reserved his order on the Delhi government’s application seeking to vacate the court’s previous directives. These included an August 31, 2023 order requiring tree officers to seek the court’s permission before approving tree felling for major projects, and a September 14, 2023 order restraining them from granting such permissions for residential construction. The Delhi government had also sought to vacate an August 9, 2024 order that reiterated these directions.
The Delhi government’s plea was filed in response to a contempt petition by climate activist Bhavreen Kandhari, who alleged non-compliance with a 2022 order requiring tree officers to issue reasoned permissions.
In its plea before the high court, the Delhi government cited the Supreme Court’s December 19, 2024 order and argued that the matter was already under the apex court’s consideration. That order had appointed the CEC as the supervisory authority for reviewing applications involving the felling of 50 or more trees in Delhi, underscoring the need to safeguard the city’s green cover. The apex court had also ordered a comprehensive tree census, to be conducted with the help of the Forest Research Institute (FRI) and a panel of experts, to assess tree loss in the city.
The Supreme Court’s intervention followed concerns over lapses in enforcing the Delhi Preservation of Trees Act, 1994 (DPTA), which is meant to prevent indiscriminate deforestation. Data presented before the court in earlier hearings showed that over 12,000 trees were felled in Delhi between January 2021 and August 2023, averaging more than 12 trees per day.
The court noted that the tree authority had convened only twice since its formation, drawing sharp criticism for its inaction.
The case was initially brought before the courts by Kandhari, who highlighted large-scale deforestation and called for stricter oversight of tree-felling permissions. The Supreme Court, in its December 19 order, also indicated its intention to extend similar oversight mechanisms to other states, including Maharashtra and Uttar Pradesh, to ensure uniformity in environmental conservation efforts.
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