Justice Waziri emphasised that the only permissible authority to grant permission for pruning is under Section 9 of the Delhi Preservation of Trees Act, 1994
This news report was authored and published by BW Businessworld on 15 June 2023. The article talks about a case represented by AnantLaw.
The Delhi High Court has overturned the Delhi Government's Guidelines that allowed the regular pruning of tree branches with a girth of up to 15.7 cm without obtaining prior permission from the Tree Officer. Justice Najmi Waziri, in an order issued on May 29, stated that tree pruning in Delhi will only be allowed in accordance with the Delhi Preservation of Trees Act (DPT Act). The court had previously suspended the guidelines on May 10, citing concerns about the potential harm to trees.
Justice Waziri emphasised that the only permissible authority to grant permission for pruning is under Section 9 of the Delhi Preservation of Trees Act, 1994. The court made these observations while addressing a plea submitted by Prof. Dr. Sanjeev Bagai and others challenging the validity of the guidelines issued by the Delhi Government's Department of Forests. Advocate Aditya N. Prasad was appointed as amicus curiae in the case.
The court raised questions regarding the rationale behind the guidelines, particularly the basis for selecting the girth limit of 15.7 cm and its application to all tree species in Delhi. It highlighted the possibility of indiscriminate pruning, leading to the reduction of entire trees to mere pole-like structures, especially for trees with slim trunks. Justice Waziri noted that the Guidelines for Pruning of Trees are an informal administrative handbook intended to assist officers of the Department of Forests and Wildlife, but they do not hold the status of a statutory enactment.
Justice Waziri criticized the guidelines for disregarding the concerns raised by the court and granting general permission for pruning tree branches up to 15.7 cm in girth. The court also pointed out that the guidelines obstructed the Tree Officer's role in inspecting and assessing the health of trees and determining the necessity and justification for pruning.
The court questioned the scientific methodology employed to measure the pruning limit of 15.7 cm, stating that it appeared to be guesswork or estimation. The court highlighted that the guidelines lacked statutory force and could not undermine the mandate of the DPT Act. Even regulations or rules derived from a statute could not restrict, undo, or exceed the powers, objectives, and mandate of the statute itself.
In conclusion, the court deemed the guidelines to be arbitrary and illegal as they conflicted with the DPT Act. Consequently, the court nullified the permission for pruning granted or presumed under the guidelines, rendering it non-existent. The court specifically revoked the Guidelines permitting regular pruning of tree branches with a girth of up to 15.7 cm without specific prior permission from the Tree Officer.
Justice Waziri also instructed the Delhi Government to organize refresher training courses on conducting hearings through hybrid mode, e-filing of petitions and replies, and other relevant procedures for the benefit of Tree Officers, DCF, and other Forest Department officials at the Delhi Judicial Academy.
Client: Prof. Dr. Sanjeev Bagai, Padam Shree
Prof. Dr. Sanjeev Bagai & Ors. v. Department of Environment, Government of NCT of Delhi & Ors.