The Supreme Court’s Order On Delhi’s Green Cover: A Wake-Up Call

Posted On - 8 January, 2025 • By - Mukund Gupta

Introduction

The Supreme Court has recognized the alarming issue of illegal tree felling in Delhi, particularly in the context of the Delhi Development Authority’s (DDA) road project. The Court directed authorities to take immediate action to protect the environment and criticized the lack of transparency and accountability in the process. The Court gave an order on 9^th December 2024 in a contempt petition filed under the MC Mehta case.[1] It expressed dissatisfaction with the Delhi Government’s progress to take measures to enhance Delhi’s green cover and thus, proposed the appointment of an external agency.

The Court’s order underscores the urgent need for stricter enforcement of environmental laws and the adoption of sustainable development practices.

The Supreme Court’s Intervention

The SC has taken significant cognizance of the rampant and illegal felling of trees in Delhi, particularly in the context of the DDA’s road project. The Court’s intervention has been crucial in highlighting the gravity of the issue and directing authorities to take immediate action.

The key points from the SC’s Orders dated 26^th June 2024[2] and 9^th December 2024[3], among others[4], are as follows:

Illegal Tree Felling: The Court noted that the DDA has engaged in the illegal felling of a significant number of trees without obtaining the necessary permissions under the Delhi Preservation of Trees Act, 1994.
Violation of Legal Procedures: The Court pointed out that the DDA’s actions have bypassed the mandatory procedures outlined in the 1994 Act, including obtaining permission from the Tree Officer and conducting environmental impact assessments.
Lack of Transparency and Accountability: The Court expressed its dissatisfaction with the DDA’s lack of transparency and accountability in the tree-felling process. It questioned the DDA’s failure to provide information about the location of the felled trees and the measures taken for reforestation.
Inaction of Government Authorities: The Court criticized the Delhi Government and the Forest Department for their inaction in addressing the issue of illegal tree felling. It noted that despite being aware of the violations, these authorities have failed to take appropriate legal action.
Role of the Tree Authority: The Court questioned the functioning of the Tree Authority, constituted under the 1994 Act, and its failure to monitor and regulate tree felling activities.
Environmental Impact Assessment: The Court emphasized the need for a comprehensive environmental impact assessment of the DDA’s road project to assess its potential impact on the environment and biodiversity.
Remedial Measures: The Court directed the DDA to take immediate steps to mitigate the environmental damage caused by the illegal tree felling. This includes replanting trees, implementing measures to conserve biodiversity, and adopting sustainable construction practices.
Monitoring and Enforcement: The Court also directed the Delhi Government and the Forest Department to strengthen their monitoring and enforcement mechanisms to prevent future violations of environmental laws.
Appointment of an Agency: In the recent order of 9^th December, noting no satisfactory progress by the Government, the Court proposed the appointment of an agency to suggest measures for enhancing the green cover and forest cover in Delhi.

Relevant Environmental Laws and Regulations

Environment Protection Act, 1986[5]

This Act provides the overarching legal framework for environmental protection in India.
It empowers the Central Government to take various measures to protect and improve the environment, including setting standards for emissions and effluents, regulating hazardous substances, and conserving wildlife.
The Act also establishes the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to monitor and regulate pollution.

Forest Conservation Act, 1980[6]

This Act is aimed at conserving the country’s forest cover and preventing deforestation.
It mandates prior approval from the Central Government for the diversion of forest land for non-forest purposes.
The Act also empowers the Central Government to declare certain areas as reserved forests or protected forests.

Water Act, 1974[7]

This Act regulates the conservation and utilization of water resources.
It aims to prevent and control water pollution by setting standards for water quality and regulating the discharge of pollutants into water bodies.
The Act also provides for the establishment of Central and State Pollution Control Boards to monitor and enforce water quality standards.

Air Act, 1981[8]

This Act is designed to prevent and control air pollution.
It sets standards for ambient air quality and emission standards for various sources of air pollution, such as industries and vehicles.
The Act also empowers the Central Government to take measures to control vehicular pollution and to promote the use of cleaner fuels.

Delhi Preservation of Trees Act, 1994[9]

This Act is specifically designed to protect trees in Delhi.
It mandates the appointment of Tree Officers to oversee tree conservation and management.
It requires permission for felling, cutting, or removal of trees.
The Act also provides for penalties for violations of its provisions.

Recommendations for Effective Environmental Protection

Keeping in mind the SC’s orders and the current state of environmental protection in India, with specific reference to Delhi, the following recommendations can be proposed to ensure effective environmental protection:

Strengthening Enforcement Mechanisms

Robust Monitoring Systems: Implement robust monitoring systems to track and prevent illegal tree felling and other environmental violations.
Increased Penalties: Enhance penalties for environmental offenses to deter violators.
Dedicated Environmental Courts: Establish specialized environmental courts to expedite legal proceedings and deliver swift justice.
Citizen Participation: Encourage public participation in environmental monitoring and reporting through citizen science initiatives and whistleblower protection mechanisms.

Effective Implementation of Environmental Laws

Capacity Building: Provide adequate training and resources to enforcement agencies to improve their capacity to enforce environmental laws.
Inter-Agency Coordination: Foster better coordination among different government agencies involved in environmental protection to streamline decision-making and implementation of policies.
Timely Decision-Making: Streamline administrative procedures to expedite the decision-making process for environmental clearances and permits.
Transparency and Accountability: Promote transparency and accountability in environmental governance by ensuring public access to information and implementing effective grievance redressal mechanisms.

Sustainable Development and Green Practices

Environmental Impact Assessment (EIA): Conduct thorough EIAs for all development projects, especially those with significant environmental implications.
Green Building Standards: Enforce stringent green building standards to minimize the environmental impact of construction activities.
Sustainable Urban Planning: Promote sustainable urban planning practices that prioritize green spaces, public transportation, and renewable energy sources.
Waste Management: Implement effective waste management systems, including waste reduction, recycling, and composting.
Afforestation and Reforestation: Undertake large-scale afforestation and reforestation programs to increase green cover and mitigate climate change.

Public Awareness and Education

Environmental Education: Incorporate environmental education into school curricula to raise awareness among young people.
Public Awareness Campaigns: Conduct regular public awareness campaigns to educate the public about environmental issues and their role in conservation.
Community Engagement: Engage local communities in decision-making processes related to environmental issues and encourage their participation in conservation efforts.

Conclusion

The SC’s intervention in the matter of illegal tree felling in Delhi underscores the urgent need for stringent environmental regulations and their effective implementation. While the legal framework exists, its enforcement remains a significant challenge. To ensure environmental sustainability, it is imperative to strengthen enforcement mechanisms, promote sustainable development practices, and raise public awareness. The success of these efforts will depend on the collective commitment of government agencies, civil society, and individuals.

[1] https://api.sci.gov.in/supremecourt/1985/63996/63996_1985_5_87_57850_Order_09-Dec-2024.pdf.

[2] https://api.sci.gov.in/supremecourt/1985/63996/63996_1985_11_302_53491_Order_26-Jun-2024.pdf.

[3] https://api.sci.gov.in/supremecourt/1985/63996/63996_1985_5_87_57850_Order_09-Dec-2024.pdf.

[4] https://api.sci.gov.in/supremecourt/1985/63996/63996_1985_6_25_56163_Order_30-Sep-2024.pdf.

[5] https://cpcb.nic.in/displaypdf.php?id=aG9tZS9lcGEvZXByb3RlY3RfYWN0XzE5ODYucGRm.

[6] http://nbaindia.org/uploaded/Biodiversityindia/Legal/22.%20Forest%20(Conservation)%20Act,%201980.pdf.

[7] https://cpcb.nic.in/upload/home/water-pollution/WaterAct-1974.pdf.

[8] https://cpcb.nic.in/displaypdf.php?id=aG9tZS9haXItcG9sbHV0aW9uL05vLTE0LTE5ODEucGRm.

[9] https://www.indiacode.nic.in/bitstream/123456789/13589/1/the_delhi_preservation_of_trees_act_1994.pdf.

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