Delhi High Court: A Single Judge Bench of Najmi Waziri, J.* opined that despite repeated directions and orders passed by this Court and of the NGT, in relation to protection of trees, there had been a consistent disregard in compliance of the same. Thus, the Court held that Respondents 2 and 3 (PWD officials) were sentenced under Section 12 of the Contempt of Courts Act, 1971, (‘Act’) to undergo simple imprisonment for four months and two months respectively, along with fine of Rs. 2000 each.
Background
This Court in its Order dated 14-3-2022, held Respondents 2 and 3 (PWD officials) guilty of committing contempt of court and for wilfully disobeying the directions of this Court. The Court noted that status-quo was not maintained at the site and no reply was filed by Respondents 2 and 3 in terms of the show-cause notice issued to them, therefore, there had been a breach and disobedience of the Order dated 25-2-2022 of this Court and the orders of the National Green Tribunal (‘NGT’).
The Court had earlier directed the PWD to exercise due caution apropos all its ongoing civil works as well as for all future projects. The Court noted that this exercise seemed to have not been done. Further, the Court opined that Respondents 2 and 3 had also failed to comply with the direction of this Court dated 10-2-2010 in S.C. Jain v. Union of India, WP(C) No. 11162 of 2009, wherein it was held that:
“Needless to say, that the Authorities should continue to carry out the work of removal of concretes around the trees and file further status report. The Authorities should not use an area of 6’x6’ around the trees while laying down pavements or any other road, etc.”
This Court in its Order dated 14-3-2022, had directed all the public authorities, Municipal Corporation of Delhi, DBA, DTC, DMRC, NHAI to ensure that:
a. All the signboards, names, advertisements, any kind of boards or signages, electric wires and high-tension cables or otherwise were removed from the trees forthwith.
b. They should also ensure that the concrete surrounding the trees within one metre of the trees were removed forthwith and all the trees were looked after well and due precaution was taken in future so that no concrete or construction or repairing work was done at least within one metre radius of the trunk of trees.
c. The Departments/authorities concerned should take all and every prohibitive measure to prevent the defacing of the trees in any manner whatsoever, save only its trimming in accordance with law.
The Court in its Order dated 14-3-2022 had also held that it was for PWD to ensure that such damage was prevented and in not doing so, it had been complicit in the damage to the trees. The Court noted that PWD itself had re-laid the pavements and created manholes of 6’x6’ radius around the trees.
The Court thus opined that despite repeated directions and orders passed by this Court and of the NGT, there had been a consistent disregard in compliance of the same. Such recalcitrance to abide by the law and defiance of the Court’s orders could not merit anything less than a sentence. Thus, the Court held that Respondents 2 and 3 were sentenced under Section 12 of the Act, to undergo simple imprisonment for four months and two months respectively, along with fine of Rs. 2000 each. The Court further directed that “this sentence shall be kept in abeyance for a period of ten weeks from the date of uploading the order on the Court’s website, to accord them sufficient opportunity to avail their legal remedies, as might be available to them. Should this order not be altered or stayed, then upon the expiry of the ten weeks, the contemnors shall present themselves before the Registrar General of this Court for them to be sent to judicial custody”.
The matter would next be listed on 7-7-2023.
Analysis, Law, and Decision
[New Delhi Nature Society v. Rajesh Bansal, 2023 SCC OnLine Del 3276, Order dated 18-5-2023]
Advocates who appeared in this case :
For the Petitioner: Aditya N. Prasad, Advocate;
For the Respondents: I.S. Alagh, Senior Advocate; Sameer Vashisht, ASC (Civil); Vanshay Kaul, Anupam Varma, Nikhil Sharma, Aditya Gupta, Manu Tiwari, Advocates; Rakesh Jindal, EE, M.K. Mahobia.
