The court issued a notice to the contractor and queried "on whose directions trees were cut".
The Supreme Court, continuing its tough stance against tree-cutting in an eco-sensitive zone in the national capital, rapped the Delhi Development Authority (DDA), the AAP government and contractor for "not apprising" Lieutenant Governor Vinai Kumar Saxena about the requirements before ordering the felling of trees. "It appears that no one - including the contractor, Delhi government and DDA - apprised the Lt Governor (L-G) that permission of Supreme Court needs to be obtained before cutting the trees," it said.
"We have perused the two affidavits filed by the vice-chairman of DDA and also the perused affidavit filed by the secretary, forest department. There was reluctance to remember what exactly transpired during L-G's visit. Now the truth has come out. Mr Ashok Kumar Gupta's affidavit explicitly stated what exactly transpired," the court said.
On June 26, the Supreme Court ordered DDA officer Ashok Kumar Gupta to file "a detailed affidavit" as to what exactly transpired during the visit of the L-G to the Ridge area where 1,100 trees were cut. "He will also state if any directions were orally issued by the L-G," the court had said.
The top court, citing the affidavit filed by Mr Kumar, said, "We find that officers attached with the L-G, chief secretary, principal secretary of forest department, principal commissioner were present in the meeting. The most unfortunate part is that the officials present, none of them pointed out the requirement of obtaining permission of the court for felling trees in the ridge area and for permission of tree officer for felling trees in other areas."
Delhi Chief Minister Arvind Kejriwal-led Aam Aadmi Party has been alleging that 1,100 trees in the southern Ridge area were cut by the DDA on the Lieutenant Governor's verbal instructions.
"If any officers informed the LG, they are free to file their affidavit. Mr Gupta's affidavit to be supplied to all the officers," said the Supreme Court.
The court issued a notice to the contractor and queried "on whose directions trees were cut".
"Did DDA proceed to tell the contractor to fell the trees on the basis of oral permission of the L-G, or if it independently took the decision to fell the trees," the bench questioned.
The contractor has been ordered to file an affidavit by July 31 explaining who gave the order to fell the trees and where the wood of the chopped trees was kept.
During the last hearing, the top court expressed surprise that the authorities could not locate the timber from the trees cut at the site.
The Delhi government has filed an affidavit stating that the order of seizure of logs has been passed. The court, however, wondered if the "logs were those of the trees that were felled".
"So, the contractor will tell the location of logs of the felled trees. He will also state the location of transplanted trees," ordered the Supreme Court.
It also asked the authorities to come up with a plan to "keep constant surveillance so that instances of illegal tree felling are brought to the notice of authorities immediately".
The Supreme Court also questioned the Delhi government over its approval to cutting of more than 400 trees. The order dated 14.02.2024 has been withdrawn.
It asked if any of the Delhi government officials, including forest department officials, were present during the tree-cutting.
"On the face of it, the Delhi government purported to permit felling of 422 trees. It is an admitted position that the tree officer never granted permission. Delhi government must take the blame for felling 422 trees without any statutory authority. Delhi government must state what steps it will take to compensate the environment. The stand of the Delhi government that the DDA misunderstood the notification will not absolve it from passing notification without statutory power. The Delhi government must come out with what action has been taken against the officer(s) responsible. It must state in oath how it will compensate the environment," the court stated.
The BJP alleged last week that Mr Kejriwal himself approved the felling of trees in the Ridge area even as AAP hit back, saying its claim on the issue was misleading.
It asked the Delhi government to ensure that the tree authority is properly constituted till the next date. The next date of hearing is July 31.
The Supreme Court had earlier issued a notice of criminal contempt against DDA vice-chairman Subhasish Panda for allowing the large-scale felling of trees in the southern Ridge's Satbari area to build a road from Chhattarpur to South Asian University.
It had expressed displeasure over a "misleading" affidavit filed by the vice chairman and presenting "wrong facts" before the court. It also directed the planting of 100 trees for each tree felled by the DDA.
