Was not made aware court permission was needed for tree felling during visit to CAPFIMS: Delhi L-G to Supreme Court

In an affidavit filed earlier the apical tribunal Tuesday, L-G Saxena said his sojourn astatine the CAPFIMS task tract was scheduled to instrumentality banal of the advancement of the project, keeping successful caput its value and necessity arsenic good arsenic the resources including the finances which person already been invested successful it.

“On the day of the sojourn connected 03.02.2024, upon reaching the CAPFIMS Hospital tract and pursuant to a ocular inspection”, helium “asked the officers/officials contiguous astatine the spot to expedite the enactment towards the completion of the project, being a task related to aesculapian facilities for the Paramilitary Forces serving the federation and resources to the tune of astir Rs 2200 crore person already stood invested from the nationalist exchequer,” L-G Saxena said successful the affidavit.

The LG said “while coming backmost from the CAPFIMS Hospital”, helium “stopped astatine the tract of the roadworthy widening.” “No 1 contiguous astatine the said tract connected the day of the visit, brought to the announcement of the Deponent, the ineligible request of obtaining support from this Hon’ble Court for felling of trees. Upon enquiring astir the advancement of work, the Deponent was informed that support for felling/translocation of trees is awaited from the competent authority, therefore, the enactment of felling of trees has not been initiated. On this, the Deponent informed that for the trees falling nether DPTA (Delhi Preservation of Trees Act), 1994, the Forest Department had already taken support of the Minister (Environment & Forests) and Hon’ble Chief Minister with my concurring opinion. The Deponent had observed that the acrophobic officials should expedite the connection of the support successful this respect to the DDA.”

The LG said, “in immoderate event” his “direction…by nary agelong of imagination, was to bypass the mandate of law.” He added helium “had besides not issued immoderate nary instructions to not instrumentality immoderate permission, wherever it was required successful law. On the different hand, the sojourn connected 03.02.202, wherein the Deponent asked that the task beryllium completed expeditiously, meant that each indispensable actions required to beryllium taken, beryllium expedited, fixed the seminal quality of the project.”.

The affidavit said the “direction to expedite the task connected the bona fide content that lone support from the Department of Forest and Wildlife, Govt. of NCT of Delhi was required and for which the connection of the Forest Department of the Govt. of NCT Delhi was approved by him.”

The LG said that helium “was besides not aware, nor made alert of the information that further support was required from this Hon’ble Court. On the different hand” helium “was apprised astir the assorted hindrances successful the alignment of the road, which has to beryllium widened. In presumption of the this”, helium “directed the acrophobic departments to” nine each the tribunal cases related to onshore acquisition pertaining to widening of Road for the intent of defending them successful a coordinated manner, displacement connected precedence BSES electrical poles, overhead cables, underground cables etc PNG state tube lines of IGL which causing hindrances successful the widening of the road, and region surplus excavated world which was stacked successful the CAPFIMS infirmary for filling low-lying areas successful the vicinity.

Saxena said helium “was archetypal made alert of the information that” SC’s support for the felling of trees…was required, lone connected 21.03.2024 erstwhile a connection of DDA was received for constitution of a Committee of Experts successful compliance with the directions of the” Court “wherein…application…had been filed by Delhi Development Authority (DDA) seeking support for felling of trees for the said project.” “As regards the information that the existent enactment of felling of trees had commenced connected oregon astir 16.02.2024” was brought to “his “notice…vide missive of Vice Chairman, DDA dated 10.06.2024 which was issued pursuant to the directions of” the court, helium said,

The affidavit besides named the officials who it said had fixed instructions to fell the trees and said they “have been recovered to person instructed/allowed the histrion cutting to instrumentality spot connected their ain accord.” “Perusal of the series of events suggests that the tract officials of DDA astir apt misunderstood the approvals received from the Govt. of NCT of Delhi nether the DPT Act, 1994 to beryllium a go-ahead for felling of trees,” said Saxon, adding “though a mistake, the enactment done by them was bona fide successful the involvement of nationalist good”.

While proceeding a plea connected October 16 seeking initiation of contempt of tribunal proceedings against DDA Vice Chairman Subhashish Panda, an SC seat presided by Chief Justice of India DY Chandrachud asked the Saxon to record a idiosyncratic affidavit making a afloat disclosure of what transpired during his sojourn to the CAPFIMS task site.

The Delhi L-G’s affidavit besides said that Panda “during the play 16.02.2024” erstwhile the histrion felling began “to 26.02.2024, helium was nether country and aesculapian attraction successful AlIMS, New Delhi.” He added Panda “was besides not contiguous astatine site, nether intimation to the undersigned, owed to his different authoritative preoccupations connected 03.02.2024 when” helium “had visited the CAPFIMS site”. He besides said determination is frankincense “no enactment of omission oregon committee connected the portion of the VC, DDA” and helium whitethorn beryllium discharged from the contempt proceedings.