Guwahati: The Delhi High Court has issued comprehensive directions to ensure the effective implementation of the Standard Operating Procedure (SOP) governing the felling and transplantation of trees in the national capital.
Justice Jasmeet Singh, while hearing a contempt plea, emphasized that the SOP must not remain a mere formality but must be enforced in spirit to achieve its intended environmental objectives. The Court underlined the constitutional right of citizens under Article 21 — the right to live in a clean and pollution-free environment.
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As part of the newly issued guidelines, the Court directed that the Deputy Conservator of Forests (DCF) or Tree Officer must be involved from the very beginning of any project planning stage that involves the cutting or transplantation of trees.
The Court also mandated stringent conditions for compensatory plantations. Trees planted in lieu of felled ones must be at least six feet tall, have a minimum five-year nursery life, and a collar girth of at least 10 cm.
Furthermore, the project proponent will be required to submit an affidavit undertaking the care, watering, maintenance, and upkeep of these planted trees for a period of five years.
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In a bid to curb poor transplantation practices, the Court prohibited heavy pruning of trees intended for transplantation. Additionally, the Tree Officer must evaluate several environmental factors before granting permission for tree removal.
These include: Total number of tree felling applications made for the project, Overall environmental footprint of the project, Availability of alternative sites, Impact on the green cover in surrounding areas, Age of the trees and their ecological importance, Likelihood of the trees surviving transplantation.
Justice Singh clarified that the SOP must operate in line with the Delhi Preservation of Trees (DPT) Act, 1994, with the DCF responsible for monitoring post-approval implementation.
The directions come in response to a contempt petition which alleged that Tree Officers were not complying with previous court rulings, particularly those requiring justification for permitting tree felling.
Earlier, the Delhi High Court had ruled that any permission to cut 50 or more trees must be reviewed and approved by the Central Empowered Committee (CEC), as directed by the Supreme Court in December 2024. For felling fewer than 50 trees, existing permissions may continue until full SOP implementation by the authorities.
The Supreme Court had stated that permissions under Sections 8 and 9 of the DPT Act must not be enforced unless cleared by the CEC, which is tasked with assessing all environmental and legal considerations tied to such decisions.