New Delhi: Delhi High Court Tuesday unequivocally told Delhi govt to withdraw its tree felling exemption provision and warned it will bring contempt proceedings if this is not done.“Your intention is to make Delhi a desert…. This notification is atrocious,” Justice Jasmeet Singh told the govt counsel as the bench extended its stay on the notification that provides an emergency clause allowing persons to fell trees deemed dangerous to life, property or traffic and later inform the tree officer.The court stopped short of drawing up contempt proceedings as govt sought time to examine the notification. “You withdraw or be ready to face contempt,” Justice Singh said and gave govt a week.It pointed out that the notification appeared to allow tree felling for development work without adequate safeguards. The court highlighted that the notification, issued in June last year by the city’s forest department, ignored several binding court orders. “Your department is higher than the high court. The notification shakes our conscience,” the judge said, adding that it was “prima facie contempt.”The court last month stayed the June 2025 notice and pointed out that both, in terms of previous orders as well as Delhi Preservation of Trees Act, 2023, the authorities are “required to see the well being of each and every tree and the petition/citizens cannot be required to inform or do policing for the respondents.”It added that the notification “also seems to suggest that the respondents are permitted to cut the trees which come in the way of development work and shows that there are no safeguards available and/or requirement to apply one’s mind to seek alternatives before cutting trees.”The court was hearing a contempt plea alleging that under the garb of emergency provisions, there is indiscriminate tree cutting going on in the capital. Appearing for Lakshay Mangla, advocate Aditya N Prasad alleged “the apathy and shocking state of affairs”. Despite repeated orders, govt departments paid no regard, the petitioner said.Last year, Delhi govt rolled out guidelines for tree officers to enforce certain sections of the Delhi Preservation of Trees Act (DPTA), 1994, but allowed RWAs, land owning agencies, individuals or responsible agencies to fell trees without approval in cases of emergency where a tree may pose a hazard.The forest department clarified that immediate pruning or removal may be allowed in cases where trees are obstructing roads, bridges, drains or sewer lines, damaging buildings or heritage structures, interfering with metro or railway infrastructure, or where trees are dead or leaning precariously.In such situations, the concerned agency, individual or residential society may take immediate remedial action but mandatorily report it within 24 hours by uploading photographs from at least three angles and justification for the action on the DPTA e-Forest portal.
