Apex Court asks DDA to discontinue practice of appointing serving Judicial Officers as Authority’s legal advisors, seeks clear statement on LG’s role in felling of trees
Justices Abhay S. Oka & Ujjal Bhuyan [24-06-2024]

Read Order: BINDU KAPUREA v. SUBHASISH PANDA [SC-CONTEMPT PETITION (CIVIL) Diary No(s). 21171/2024]

LE Correspondent

New Delhi, June 28, 2024: While seeking a clear statement from the DDA on the issue of whether the Lieutenant Governor (LG) of Delhi ordered the felling of trees in the CAPFIMS Road area, the Supreme Court has expressed its concern over DDA’s practice of appointing serving Judicial Officers as its legal advisors.

The Top Court perused its earlier orders and the affidavit filed by the Vice Chairman of the Delhi Development Authority (DDA) for reporting compliance with the given orders. The Vice Chairman relied upon a report of the Inquiry Committee constituted to inquire into the entire episode of felling of a large number of trees in violation of the orders of this Court. In the Inquiry Report, two e-mails of the same date purporting to direct the contractor to start the work of felling trees, had been referred. The Executive Engineer, who is supposed to be the author of the e-mails, had denied having sent the e-mails. The three e-mails contained a specific statement that the Lieutenant Governor (LG) of Delhi, who is the Chairperson of the DDA, visited the site on February 3, 2024 and directed to clear the trees coming in the ROW. All the three e-mails referred to a visit by the LG to the site of CAPFIMS Road.

Considering such factual aspects, the Division Bench of Justice Abhay S. Oka & Justice Ujjal Bhuyan directed the Vice Chairman to state before the Court on the next date, after perusing the record, whether any official record is available about the site visit made by the LG on 3rd February 2024 and whether anything is recorded about what transpired during the visit of the LG. He has been asked to state the names of the officers present at the time of the visit. 

“We need a clear statement of fact from the Vice Chairman on these aspects. If what is mentioned in the e-mails is correct, it will show that the felling of trees was done under the directions issued by the Hon'ble LG on 3rd February, 2024. Therefore, we expect the DDA to come clean on this aspect”, the Bench said.

It was also an admitted position that the contractor under the agreement executed by the DDA was authorized to fell the trees for the purposes of doing the work for which the contract was granted to him. However, it was not stated in the contract that the cutting/felling of trees couldn’t be done without the permission of this Court. The senior counsel appearing for the Vice Chairman of the DDA assures the Court that in every contract, the execution of which required cutting/felling of the trees, the relevant clause would be incorporated of obtaining permission of the Court/appropriate authority before cutting/felling the trees. The Bench opined that such a direction shall be issued by the DDA to the contractors regarding all subsisting contracts.

The Bench further added, “We propose to hold a very detailed inquiry into the gross illegality committed by the DDA, which has destroyed several valuable trees and, consequently, the environment. This Court cannot lightly brush aside such brazen acts in the capital city. If the authorities are not going to perform their statutory and constitutional duty of protecting the environment, the Court will have to give a clear and loud signal to all the concerned authorities that damage to the environment in this fashion will not be tolerated.”

Taking note of the fact that appointing serving judicial officers of Delhi Higher Judicial Services as legal advisors of the DDA completely violates the principle of independence of judiciary and the doctrine of separation of powers, the Bench said, “We expect the Delhi High Court to take appropriate action on this aspect. Therefore, we direct the Registry to immediately forward a copy of this order to the Registrar General of the Delhi High Court, who shall place the order before the learned Acting Chief Justice of the Delhi High Court. We hope and trust that the DDA, on its own, will immediately discontinue this practice of appointing serving Judicial Officers as legal advisors of the DDA.”

Considering the fact that appropriate interim directions based on the two preliminary reports need to be issued, the Bench directed the Registry to list the Contempt Petition on 26th June, 2024.