The court’s observations came after DDA said that it was unable to find documents on whether Saxena had visited the area.
SC had on June 24 directed DDA to come clean on the LG’s role in light of the allegation that the executive engineer concerned, in his email messages, had specifically mentioned that the LG visited the site on Feb 3 and directed that the trees be cleared. Later, however, the engineer went back on his claim.
Defending DDA, senior advocate Maninder Singh told a bench of Justices Abhay S Oka and Ujjal Bhuyan that the authority was not concealing anything but would place the details after locating the records and talking to persons who were present there.
The court was hearing a contempt petition filed by Delhi resident Bindu Kapurea who moved the court through advocate Manan Verma against the DDA vice chairman for felling trees in violation of various laws. As per the petitioner, more than 1,100 trees were cut as against 633 mentioned in DDA’s records. Forest Survey of India in its preliminary report said 750 trees were cut but sought time to analyse satellite images to give the exact number.
As it was submitted that DDA member engineer Ashok Kumar Gupta was present when the LG visited, the court directed him to file an affidavit in his personal capacity on “what transpired on that day and whether the LG passed the order.”
Brazen act shows a lack of understanding of environment: SC
Dissatisfied by Delhi Development Authority’s response that it hadn’t been able to locate documents to confirm or deny that lieutenant governor V K Saxena ordered illegal cutting of trees during a visit to Delhi’s southern Ridge, an SC bench observed that it was difficult to believe that there was no record of the LG’s visit.
“The email (by a DDA engineer) says that LG had visited and ordered cutting of trees but no inquiry was conducted on that aspect. Was it not the function of the committee to look into it? You are only protecting the higher-ups and blaming the lower officers. There are efforts to conceal facts and we are not happy. You are unable to give us a record. It is difficult for us to believe that there is no record of LG visit,” the bench said.
Senior advocate A D N Rao. who is assisting the court as amicus, submitted that the LG visited a hospital near the site and the hospital could be asked to put the record straight. The bench, however, granted one week’s time to DDA to clear the air.
“It is a brazen act, showing a complete lack of understanding of the environment and DDA is the first offender,” the bench said. It also issued contempt notice to Environment and Forest Department of Delhi govt for illegal cutting of trees and not taking action against those responsible. It asked the department to start criminal proceedings against DDA under the Delhi Preservation of Trees Act and also impose monetary liability .
Taking a leaf from a detective story, the bench said, “We are very curious to know why the dog did not bark in this case. Everything is being covered up. When the insider does something then there is no barking… This is just the tip of the iceberg.”
Addressing the vice chairman, who was present on a contempt hearing on court’s directions, Justice Oka said that he had never sent anyone to jail in a contempt case and the court did not intend to send him to prison but he should make sincere efforts to protect the environment and forest in the city. “We are not running with a hammer in our hand against any authority but if the highest authority has done something wrong, there is nothing wrong in telling the court… The truth must come out,” the bench said, in what was seen by many as a hint to LG and others that they better own up any illegality they may have committed.
