Officer's Nod Mandatory For Civil Work Within 2-Metre Radius Of Tree: Delhi High Court

The Delhi High Court has directed that all agencies in the national capital will need the tree officer's permission to undertake civil work within a two-metre radius of any existing tree.

Justice Mini Pushkarna has ordered that the condition shall be incorporated into all work contracts and tenders issued by government agencies and there will be a strict penalty in case of non-compliance.

"This court directs that all the agencies which undertake civil works in Delhi shall, in future, incorporate in their work contracts and tenders issued for carrying out any civil works in Delhi the specific stipulation that in case any work is to be commenced, which is within a two-metre radius of any existing tree, the permission of the tree officer shall have to be taken as a mandatory condition," the court said in a recent order.

"The work contracts and tenders issued by the various government agencies shall also contain the specific stipulation that in case there is non-compliance of the aforesaid condition of taking permission from the tree officer, the same shall entail strict penalty," it added.

The court noted that on May 31, 2023, the Delhi government had issued "clear directives" to all the agencies engaged in civil works to take necessary action with respect to the incorporation of the condition that the tree officer's permission would have to be taken before the commencement or initiation of any civil work, which is likely to be undertaken within a distance of two metres from any existing tree.

It added that the directives shall be strictly followed by the various government agencies in Delhi undertaking any civil work, including the Delhi Development Authority (DDA), Central Public Works Department (CPWD), Municipal Corporation of Delhi (MCD), Delhi Jal Board (DJB) and National Buildings Construction Corporation Limited (NBCCL).

The court's order came on a contempt petition filed by the New Delhi Nature Society, represented by lawyer Aditya N Prasad, over the alleged non-compliance with law and orders concerning the preservation of roadside trees.

In 2022, the high court issued a contempt notice to several authorities, including some officials of the PWD, Department of Forest, BSES as well as the Delhi Police, following several photographs of a C R Park pavement that was dug up for civil work.

The court had then noted that "the digging distance from the tree trunk is less than one metre, the tree roots have been cut or damaged, the orders of this court and of the National Green Tribunal (NGT) have been deliberately breached" and that "prima facie, contempt of court has been committed by the respondents".

Last year, the court sentenced two PWD officials to simple imprisonment for contempt of court in view of their "recalcitrance" to follow the law and court orders in relation to conservation of trees in the C R Park area.

The sentences were later remitted after the officials undertook "extensive remedial measures", including the plantation of more than 1,000 trees.

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