How can you do this to a 300-year-old tree, HC asks govt, civic body
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It has existed even before the British could even think of coming to India. It is a part of the heritage of this city. JUSTICE NAJMI WAZIRI, Delhi HC
nNEW DELHI: A towering banyan tree, believed to be at least
300 years old, stands hemmed in by concrete and cement on Nai Sadak, Chandni Chowk, with metal rods from a neighbouring under-construction building tearing through its branches and the dug-up ground laying exposed its roots.
Although its canopy has become sparse, from the abuse it was made to endure over the years, Chandni Chowk’s majestic banyan continues to stand tall. On Thursday, it found an unlikely advocate and ally in the Delhi high court.
The court minced no words in pulling up the authorities for the damage caused to the “heritage” tree and directed the Delhi government and North Delhi Municipal Corporation to take steps for its “immediate restoration”.
Justice Najmi Waziri, while hearing a plea regarding illegal construction in Chandni Chowk filed by area resident Nitin Gupta, was astonished by the condition of the tree that had its aerial roots chopped and its trunk hemmed in by concrete.
Expressing his anguish and displeasure, Wazri said photographs show the “horrific”
condition of the “grand old tree, which has seen the unfolding of the city”.
“How can you do this to a 300-year-old tree? It has existed even before the British could even think of coming to India. It is a part of the heritage of this city. How can you damage it in this manner?” Wazri said.
He then went on to issue a slew of directions, including action against erring officials and the builder.
Even though the North Delhi Municipal Corporation does not have records showing the exact age of the banyan, long-time residents, recalling stories passed on by their forefathers, estimate that the tree was planted around the 17th century.
Residents say the neighbourhood, ‘Kothi Barwali (the house around the Banyan tree)’, got its name after the banyan. Kushmakar Rastogi, a resident who filed an application impleading to save the banyan, said the tree used to be surrounded by houses on three sides.
“This property belonged to one Satyanarayan Gurwali, who was believed to be the richest man in the area about 300 years ago. His family planted this tree. There used to be melas under the tree and everyone from the neighbourhood used to gather around,” Rastogi said.
Environmentalist Pradip Krishen said many “heritage” trees in Old Delhi are suffering a similar fate. “The problem is that unless we know where these trees are located, how can the government or the courts direct its restoration? We need a detailed survey to know the location of such trees and an elaborate plan to restore them,” Krishen said.
On the last date of hearing, July 14, advocate RK Kapoor, appearing for Gupta, brought to the court’s notice the dereliction of the tree. The court then sought a status report from the authorities, including the tree officer and the Delhi government.
On Thursday, during the impleadment hearing, Rastogi said that even he was aggrieved by the illegal construction. The plea also said Rastogi had written to the conservator of forests against the pruning of the banyan and taking note of this, the conservator had slapped the builder with a fine of ₹8,000.
Appearing for the Delhi government, standing counsel (civil) Ramesh Singh and additional standing counsel Gautam Narayan sought some time to file the status report. The court said strict action should be taken against the officers who in connivance with the builder have allowed the unauthorised construction to take place. The court later asked the authorities to work on “war footing” to restore the tree. It asked the authorities to file a status report and also take criminal action, if required, against the erring persons.