HC dismayed over victimisation of trees says citizens shouldnt suffer due to authorities disregard of rules \
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HC dismayed over victimisation of trees says citizens shouldnt suffer due to authorities disregard of rules

25-Feb-2022
New Delhi Feb 25 PTI The Delhi High Court Friday expressed anguish over the issue of victimisation of trees in Chittaranjan Park here observing that the citizens should not suffer due to the callous disregard of rules regulations and orders to protect the environmentThe court was hearing a petition seeking contempt action against the authorities in relation to laying down of pipelines or cable lines by BSES Rajdhani Power Limited on Bipin Chandra Pal Marg and nearby areas at Chittaranjan Park which had damaged the roots of the standing trees especially within their one meter radiusThe court issued notice to BSES Rajdhani Executive Engineer of PWD Engineer-in-Chief of PWD police officials of Chittaranjan Park Police Station and Tree Officer or Deputy Conservator of Forest of the concerned areaJustice Najmi Waziri said the court was of the view that the presence of authorities was necessary as damage to the environment and to the new trees should not be allowed to carry onSystems will have to be put in place Citizens of Delhi should not suffer because of such callous disregard of rules and regulations and orders to protect the environment the court saidThe court was hearing a plea by New Delhi Nature Society through advocates Aditya N Prasad and Dhriti Chhabra seeking to initiate contempt action against the authorities for wilful disobedience to the previous orders of the high court and National Green Tribunal which mandated leaving of one metre kutcha space around trees while undertaking any construction activityThe plea added that the competent authorities regarding implementation of laws pertaining to preservation of Trees in complete subjugation of their statutory responsibilities had abetted the said workIt said the competent authorities police and tree officials who were responsible for implementation of laws pertaining to preservation of trees have abetted the contemptuous work carried out by BSES RajdhaniDuring the hearing the court noted that ex-facie the distance from the tree trunk was less than one metre and such digging and cutting up of roots was in clear violation of the orders of the high court and also of the NGTThis court has in various orders directed the government departments and agencies in Delhi to strictly adhere to the directions of the NGT Somehow the disposition of some authorities and agencies appears to be callous and not cared towards complying much with said directions While such non compliance may entail criminal proceedings under the Contempt of Courts Act it does in the interim harm and victimise the trees leading to eventual damage to the environment the judge saidThe counsel for BSES Rajdhani submitted that a stretch of mere 70 metres was dug up for laying of underground electricity cables and that BSES has ensured that the trees are not been vicitimised and the one metre distance from the tree trunk was also maintainedThe court noted that the petitioner had not only informed the CR Park Police Station officials but also a number of other agencies including PWD BSES Forest Department and Tree HelplineYet no remedy has been set in place at the site The abandonment of the trees is as evident as seen in the photographs The court is of the view that contempt has been committed by the respondents There has been dereliction of duties The PWD should have stopped the work immediately The Tree Officer should have initiated action immediately upon information it observedWhile perusing the photographs placed on record the court said these trees are 25 years old at least and that is what gives ambience to the entire area of CR ParkHow can this person come up and say hum khod denge isko This is not how it should be done You cant go about damaging just because some money is being spent on that project As if people dont matter the neighbourhood doesnt matter I am just very dismayed about the approach it saidThe court said the tree officer himself would need to answer the allegations made in the petition and that it would be appropriate that the head of the department Principal Chief Conservator of Forest of the Delhi Government looks into the matter for addressing the issues urgentlyThe court also noted that the road of pavements had been realigned and were shortened which meant that a person with wheelchair bound would find it extremely difficult to manoeuvre on the footpathIt said the ongoing construction work is clearly not in tandem with requirements under the Persons with Disabilities Act and there is a lack of coordination if not insensitivity to the needs of peopleThe court listed the matter for further hearing on March 14 PTI SKV SA
25-Feb-2022 National
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