Delhi HC tightens norms on tree felling, orders 5-year care for plantations
The Delhi high court has laid down detailed guidelines for tree officers and authorities undertaking infrastructure projects to ensure the effective implementation of the Delhi government's new standard operating procedure (SOP) for tree felling, transplantation, and compensatory plantation, in a move aimed at safeguarding the Capital's green cover. It also sets compensatory plantation norms and caps the number of permissions that can be issued from the same parcel of land. (HT Archive)
The SOP, issued by the forest department on April 24, mandates tree officers to inspect any site for which felling permission is sought to assess whether it is essential, and directs project authorities to seek clearance from the Supreme Court-appointed Central Empowered Committee (CEC) if 50 or more trees are involved.
It also sets compensatory plantation norms and caps the number of permissions that can be issued from the same parcel of land.
To achieve the intent behind implementation of the SOP, justice Jasmeet Singh, in his May 20 ruling, emphasised that applicants seeking to fell trees must not only plant new ones, but also ensure their survival for at least five years by including watering, maintenance and general upkeep.
The court also specified that the trees used for compensatory plantation must be at least six feet tall, five years old, and have a collar girth of at least 10cm.
'The endeavour of this court is to only ensure that the SOP which aims to ensure felling/transplantation of trees must be implemented in an effective manner to achieve the desired objective. Additionally, the compensatory plantation shall ensure that the trees which are to be planted are not less than 6 feet in height, have a nursery life of 5 years and a collar girth of not less than 10cm,' the order read.
It added, 'The applicant who moves the application for felling of trees, will file an affidavit in this court with a copy to the learned amicus appointed under these proceedings as well as with the DCF, undertaking to take care of the compensatory planted trees for a period of 5 years, including watering, maintenance and general upkeep and shall file quarterly report with latest photographs.'
In addition, justice Singh ruled that tree officers must be involved from the planning stage of any infrastructure project that involves tree felling or transplantation, and banned heavy pruning of transplanted trees, which often leads to their decline.
These directives were issued in response to a contempt plea filed by climate activist Bhavreen Kandhari, who alleged non-compliance with a 2022 high court order that had instructed tree officers to issue clear, reasoned decisions on felling applications.
Earlier, on May 9, the court had modified its previous order requiring judicial oversight for tree felling, transferring that responsibility to the CEC for cases involving 50 or more trees. The court will retain oversight for smaller projects until the SOP is fully implemented.
Meanwhile, Delhi environment minister Manjinder Singh Sirsa, had on June 7, issued a separate SOP clarifying what constitutes an 'emergency' that allows tree felling or pruning without prior permission.
This move aims to balance public safety with environmental safeguards by ensuring urgent cases are addressed swiftly, without leaving room for misuse.
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Hindustan Times
5 hours ago
- Hindustan Times
Delhi HC tightens norms on tree felling, orders 5-year care for plantations
The Delhi high court has laid down detailed guidelines for tree officers and authorities undertaking infrastructure projects to ensure the effective implementation of the Delhi government's new standard operating procedure (SOP) for tree felling, transplantation, and compensatory plantation, in a move aimed at safeguarding the Capital's green cover. It also sets compensatory plantation norms and caps the number of permissions that can be issued from the same parcel of land. (HT Archive) The SOP, issued by the forest department on April 24, mandates tree officers to inspect any site for which felling permission is sought to assess whether it is essential, and directs project authorities to seek clearance from the Supreme Court-appointed Central Empowered Committee (CEC) if 50 or more trees are involved. It also sets compensatory plantation norms and caps the number of permissions that can be issued from the same parcel of land. To achieve the intent behind implementation of the SOP, justice Jasmeet Singh, in his May 20 ruling, emphasised that applicants seeking to fell trees must not only plant new ones, but also ensure their survival for at least five years by including watering, maintenance and general upkeep. The court also specified that the trees used for compensatory plantation must be at least six feet tall, five years old, and have a collar girth of at least 10cm. 'The endeavour of this court is to only ensure that the SOP which aims to ensure felling/transplantation of trees must be implemented in an effective manner to achieve the desired objective. Additionally, the compensatory plantation shall ensure that the trees which are to be planted are not less than 6 feet in height, have a nursery life of 5 years and a collar girth of not less than 10cm,' the order read. It added, 'The applicant who moves the application for felling of trees, will file an affidavit in this court with a copy to the learned amicus appointed under these proceedings as well as with the DCF, undertaking to take care of the compensatory planted trees for a period of 5 years, including watering, maintenance and general upkeep and shall file quarterly report with latest photographs.' In addition, justice Singh ruled that tree officers must be involved from the planning stage of any infrastructure project that involves tree felling or transplantation, and banned heavy pruning of transplanted trees, which often leads to their decline. These directives were issued in response to a contempt plea filed by climate activist Bhavreen Kandhari, who alleged non-compliance with a 2022 high court order that had instructed tree officers to issue clear, reasoned decisions on felling applications. Earlier, on May 9, the court had modified its previous order requiring judicial oversight for tree felling, transferring that responsibility to the CEC for cases involving 50 or more trees. The court will retain oversight for smaller projects until the SOP is fully implemented. Meanwhile, Delhi environment minister Manjinder Singh Sirsa, had on June 7, issued a separate SOP clarifying what constitutes an 'emergency' that allows tree felling or pruning without prior permission. This move aims to balance public safety with environmental safeguards by ensuring urgent cases are addressed swiftly, without leaving room for misuse.
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