On Friday, the Supreme Court severely criticized Delhi's Lieutenant Governor (LG) VK Saxena for authorizing the cutting of trees in a protected area, overlooking a pending application by the Delhi Development Authority (DDA) in court. Justices Abhay S Oka and Ujjal Bhuyan expressed strong displeasure over the LG's action without prior court consent.
The Supreme Court was hearing contempt proceedings against the DDA Vice Chairman concerning the alleged felling of 1,100 trees for road widening in Ridge Forest. The apex court condemned the attempts to conceal the LG's involvement, insisting that from the first day of hearings, it should have been revealed that the LG had directed the tree removal.
LG Failed to Exercise Discretion - Court
The Court remarked, "The LG completely failed to exercise discretion. He assumed that the Delhi government holds the powers of a tree authority. This is a regrettable and unfortunate situation. We should have been informed from day one that the LG issued directives."
The bench questioned LG VK Saxena in a sharp tone, asking, "Do you see yourself as the court?" It also inquired if the DDA officials informed him that the apex court's approval was essential for tree felling. Justice Oka commented, "It seems the LG perceives himself as the court. Did any official approach the LG to inform him that Supreme Court's consent is required to proceed?"
Attempt to Conceal Errors
The bench emphasized that VK Saxena and others involved made errors and criticized them for opting to hide these mistakes rather than seeking clarity from the court. The Supreme Court instructed the DDA to clarify whether it decided on tree felling based on the LG's permission or independently. It also issued a notice to the contractor responsible for tree cutting, asking them to reveal whose instructions they followed to undertake such actions.
Concerning Felling of Hundreds of Trees
This case involves the illegal felling of hundreds of trees by the DDA, violating prior court orders which dictate that permission must be obtained before such actions. The Aam Aadmi Party (AAP), led by Chief Minister Arvind Kejriwal, alleged that the DDA felled approximately 1,100 trees in the Southern Ridge area following the LG's directives.
The bench stated, "We are troubled by the fact that everyone made mistakes. From the first day, everyone should have come to court and admitted their mistakes, but whitewashing continued. The truth emerged after four to five orders and through the affidavit of a DDA officer. The error lies with the LG along with everyone else."
