New Delhi, Nov 18 Chief Justice of India (CJI) Sanjiv Khanna on Monday recused himself from hearing a contempt plea alleging that a large number of trees in the national capital’s ridge had been felled by the Delhi Development Authority (DDA) without obtaining the top court's permission.
Ordering the matter to be listed before a different bench, CJI Khanna said that he personally met Delhi Lt Governor (LG) V.K. Saxena in a function organised by the National Legal Service Authority (NALSA).
In the previous hearing, the then CJI DY Chandrachud-led Bench had asked the DDA about the measures undertaken to restore the Delhi Ridge area and sought the extent of plantation done by the civic body.
The previous Bench, also comprising Justices J.B. Pardiwala and Manoj Misra, had observed that it would introduce a monitoring system to ensure planted trees were surviving and wondered if any independent mechanism was in place to ascertain the number of trees planted.
After CJI Chandrahud (now retired)-headed bench called for a personal affidavit from Delhi LG, who functions as Delhi DDA Chairman ex-officio, thereafter, LG Saxena expressed his regret before the Supreme Court over the felling of trees in violation of the apex court's order. He said that the events which have taken place were "extremely unfortunate and ought not to have happened".
"The unfortunate event of felling of the trees on account of certain acts of omission and commission on the part of the DDA, without the permission of this Hon’ble Court is deeply regretted by the deponent," said the personal affidavit sworn by LG Saxena.
The Delhi LG added that "he was not also aware, nor made aware of the fact that further permission was required" from the Supreme Court for the felling of trees.
The Supreme Court had asked LG Saxena to file an affidavit before October 22, detailing the steps taken to attribute accountability to the officials who acted in breach of its directions. It had said that the DDA Chairman should set in action disciplinary proceedings or criminal prosecution against the erring officials without awaiting its direction.
Before this, the top court had issued a notice to the DDA Vice Chairperson and asked why he should not be prosecuted for criminal contempt of court for wilful breach of its orders prohibiting the felling of trees.
"We are not prepared to believe that the contractor entrusted with the work of widening the road has indulged in cutting trees of his own volition. Obviously, it has to be on the basis of the instructions from the officers of the DDA," it had said. It had observed that the DDA Vice Chairperson misled the LG by forwarding a proposal to set up a committee of experts to minimise the number of trees felled.
"We hope and trust that the Lt Governor will take this issue very seriously, not only in his capacity as the Lt Governor of Delhi but also in his capacity as the Chairman of the DDA," the Supreme Court had added.
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