Delhi HC stays NGT order on tree pruning in Vasant Vihar

ACCORDING TO THE HC, THE RESIDENTS’ BODY APPROACHED NGT FOR PERMISSION FOR PRUNING. THE BODY, HOWEVER, SAID IT DID NOT MOVE COURT

The Delhi high court has put on hold pruning of trees in south Delhi’s Vasant Vihar area after a petition was filed against an order of the National Green Tribunal (NGT) that permitted clipping of tree branches.

Sanjeev Bagai, a Padma Shri awardee, had moved the high court challenging the NGT’S January 19 order, contending that around 800 trees in the area have been pruned or chopped off, without following proper procedure and guidelines.

In an order of March 1, justice Najmi Waziri said that a more detailed assessment by the RWA needs to be carried out, adding that “further pruning in the area concerned has to be stopped right-away”.

The court appointed advocate Aditya N Prasad as amicus curiae to assess the situation at the site and assist the court, while also issuing notices to the authorities seeking to know their stand on the petition.

It further directed the Tree Officer, Deputy Director (Horticulture) South Zone, Station

House Officer, Vasant Vihar police station, Deputy Director (Horticulture)-pwd, Executive Engineer, PWD, Deputy Director (Horticulture)-mcd , Deputy Director (Horticulture)-dda along with the petitioners and/or their representatives to be present at the Municipal Corporation of Delhi (MCD) office in Vasant Vihar on March 5 to assist the amicus curiae.

The court listed the matter for hearing on March 10.

According to the high court order, the green tribunal’s January 19 order came on a representation by the Vasant Vihar RWA, known as Vasant Vihar Welfare Association. According to the court order, the residents’ body said it wanted to prune certain trees in the colony and had approached the civic body and the Tree Officer but nothing worthwhile came forth. Following this, it sought the NGT’S intervention.

The association, however, said it did not petition the NGT.

Appearing for the petitioner, senior counsel Vivek Sibal contended that the Delhi Preservation of Trees Act, 1994, provides statutory protection to trees in Delhi, and the essential part of preservation is that a tree should not be damaged in a manner which would impede its growth or otherwise severely affect its regrowth and regeneration.

Referring to the photographs attached to the petition, he submitted that quite a few trees have been chopped off in the guise of pruning, causing extensive damage to trees and setting back the greenery in certain areas of the colony by a decade or a decade and a half.

“The pruning would have to be only with strict permission of the Tree Officer and not on general guidelines. Once a ‘woody plant’ gets classified as a tree, any alteration to its body or being will have to be in terms of the procedure prescribed under section 9 of the Act. That procedure has not been followed in the present case; therefore, the entire process, adopted towards pruning of trees, is illegal,” the counsel had said.

The RWA, however, clarified that it did not petition the NGT seeking permission for pruning of trees.

“We did not petition NGT as has been erroneously recorded in the high court order. The MCD had carried out the pruning activities in accordance with the NGT order, and the RWA assisted it as directed by NGT. The NGT’S order was very clear that MCD, being the civic body, should carry out the pruning activity. Pruning is an essential work that has to be done to maintain the trees’ good health. As a matter of fact, the guidelines specify that pruning up to 15.7 cm does not require any permission from the forest department. The Tree Officer had given a detailed report to the NGT on pruning in the area and now that the high court has sought that report. We will wait for it,” said Gurpreet Singh Bindra, president of Vasant Vihar Welfare Association.