The court said that it will order the constitution of an expert body to vet every proposal for tree felling in the city

The Supreme Court on Friday pulled up the Delhi Tree Authority (DTA) for failing to carry out a tree census in the Capital as required under the Delhi Tree Preservation Act (DTPA). The court added that it will order the constitution of an expert body to vet every proposal for tree felling in the city, observing that DTA lacks the expertise to do this job.

A bench headed by justice Abhay S Oka was considering an application filed by a Delhi resident, Bhavreen Kandhari, which raised questions over the performance of DTA — a statutory body under DTPA that has allowed more than 60,000 trees to be felled between 2015 and 2021. The court had issued notice on the application on November 8 as the data presented by Kandhari suggested that Delhi was losing five trees every hour.

On Friday, the bench, also comprising justice Augustine George Masih, took up DTA’s response and said, “We want to know how DTA is functioning. Has it carried out any census of trees?” The court cited Section 7 of DTPA, 1994 (or is it 1995), which says “carrying out census of the existing trees” and “preservation of all trees” in Delhi is one of the functions of DTA.

“We intend to pass an order that no permission for tree cutting shall be passed unless it is vetted by this expert body. Unless there is a record of the number of trees, nothing can be done. Has this been undertaken? It was the duty of DTA to do this under the Act,” the court said.

The bench asked senior advocate Guru Krishnakumar, who was assisting the court as amicus, to indicate whether there should be a threshold, such as cutting of 100 or more trees, when an issue can be sent for consideration to the expert body. “Considering the diminishing green cover, we are considering whether a body of experts should consider every permission for felling of trees. We will pass orders that no permission for tree felling shall be passed unless vetted by this body. Some threshold can be fixed and DTA will have to comply with the recommendation made by the expert body,” the court said.

The Supreme Court has pulled up the Delhi government for failing to conduct a tree census, despite repeated directives. The court expressed concern over the lack of action by the Delhi government, highlighting the importance of accurately assessing the number and health of trees in the city, especially considering the growing environmental challenges. The bench remarked that such a census was crucial for urban planning, ensuring sustainability, and monitoring green cover in the city.

The tree census is an essential step toward understanding the state of Delhi’s urban greenery and is integral to managing and protecting the environment, especially in light of increasing air pollution and climate change. The court emphasized that this delay in conducting the census is detrimental to the overall environmental governance in the capital.

In response, the Delhi government has been urged to take immediate action and submit a detailed report on the tree census, including the timeline for its completion. Environmentalists and activists have also raised concerns, calling it a missed opportunity to properly assess and protect the city’s green spaces.

The case has sparked public discussions about the importance of environmental stewardship, urging authorities to prioritize sustainable urban policies.

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