In contempt proceedings arising from violations of its earlier order dated 28.04.2022, the Delhi High Court observed that “a tree was being cut down every hour in Delhi under official sanction.” The Court expressed concern that Tree Officers were permitting the cutting of fully grown trees—“possibly about 25-30 years age having a girth of roughly 200 cms”—without proper site inspections or consideration for preservation.
The Court emphasized that “the shortage of Tree-Officers, necessary support staff, cannot be an excuse,” and noted that compensatory afforestation “on the fringes of the city” cannot substitute “the sole decades-old-tree once stood as a carbon-sump-cum-fresh oxygen generator-cum-shade provider-cum-visual respite.”
The order reaffirmed that the SOP gazetted on 24.04.2025 must be implemented “in its true spirit, letter and intent.” To this end, the Court directed:
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The DCF/Tree Officer “shall be involved at the very stage of planning of a project.”
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Compensatory plantation must involve trees “not less than 6 feet in height,” with “a nursery life of 5 years” and “a collar girth of not less than 10 cms.”
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Applicants shall file an affidavit undertaking to care for planted trees for “a period of 05 years,” including “watering, maintenance and general upkeep” with “quarterly report with latest photographs.”
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“The trees sought to be transplanted should not be heavily pruned.”
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The Tree Officer shall consider:
a) “Number of applications made by the proponent,”
b) “Availability of alternative site(s),”
c) “Overall impact on green cover,”
d) “Age of trees and ecosystem supported by them,” and
e) “Possibility of tree(s) surviving transplantation.”
Citing Vanashakti v. Union of India, 2025 INSC 718, the Court held that the “right to live in a pollution free environment is guaranteed under Article 21,” and Courts “should come down heavily” on any attempts that harm the environment. Referring to Pritam Pal and T. Sudhakar Prasad, 1993 Supp (1) SCC 529, it reaffirmed that powers under Article 215 are not limited by the Contempt of Courts Act, and are meant to ensure “faithful and complete implementation of the directions.”
The matter continues under monitoring to ensure that the SOP serves as an enforceable safeguard for Delhi’s tree cover.
Read Order below:
