AnantLaw successfully challenged the constitutional validity of the guidelines on pruning of trees issued by the Department of Environment, Govt. of NCT of Delhi. It was argued that the guidelines for pruning of trees in Delhi, which allow pruning of trees without any permission/ approval/ inspection etc. are unconstitutional and ultra vires the parent statute i.e. the Delhi Preservation of Trees Act, 1994. The High Court of Delhi, while deciding the writ petition under Article 226 and 227 of the Constitution of India held that the guidelines for pruning of trees are non-est, contrary to the Delhi Preservation of Trees Act, 1994 and the same were set-aside.
This is one of the most landmark judgments concerning environment laws in India and is now being followed by other states in India.
Relying on the importance of the law being settled in the said case, the National Green Tribunal has sought to see implementation of the same across several states in north India and is considering formation of a committee to suggest changes to existing laws/ guidelines regarding pruning of trees.
Client: Prof. Dr. Sanjeev Bagai, Padam Shree
Prof. Dr. Sanjeev Bagai & Ors. v. Department of Environment, Government of NCT of Delhi & Ors.