Delhi High Court Orders Government to Withdraw Emergency Tree Felling Notification

The Delhi High Court in New Delhi has directed the Delhi government to withdraw a notification that allows the felling of trees deemed dangerous under an emergency clause without prior permission. During a hearing on Tuesday, Justice Jasmeet Singh warned the government that it would face contempt of court proceedings if the provision is not withdrawn within a one-week deadline.

The court extended its stay on the controversial notification, which was issued in June last year by the city's Forest Department. The notification included an emergency clause that allowed individuals to fell trees they considered dangerous to life, property, or traffic, requiring them to inform the tree officer only after the felling had taken place.

Expressing strong disapproval of the policy, Justice Singh told the government counsel, "Your intention is to make Delhi a desert.... This notification is atrocious."

The High Court chose to hold off on immediately initiating contempt proceedings because the government's counsel requested additional time to examine the notification. However, the court issued a clear ultimatum. "You withdraw or be ready to face contempt," Justice Singh stated, giving the government one week to comply.

According to the court, the notification appeared to permit tree felling for development work without establishing adequate safeguards. The bench highlighted that the Forest Department's June last year notification ignored several previously binding court orders.

"Your department is higher than the high court. The notification shakes our conscience," Justice Singh remarked during the hearing, adding that the government's action was "prima facie contempt."

The High Court had already stayed the notice last month. The court pointed out that under both previous judicial orders and the Delhi Preservation of Trees Act, 2023, the authorities themselves are obligated to ensure the well-being of every single tree. The court noted that citizens and petitioners cannot be expected to perform policing duties or inform the respondents about such matters.