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Delhi High Court Allows Transplantation of Trees for Supreme Court Expansion with Strict Environmental Conditions

7 Apr 2025 3:59 PM - By Vivek G.

Delhi High Court Allows Transplantation of Trees for Supreme Court Expansion with Strict Environmental Conditions

The Delhi High Court has approved a request from the Central Public Works Department (CPWD) to transplant 26 trees within the Supreme Court Complex to facilitate the ongoing expansion of the Supreme Court building. The project aims to construct additional courtrooms, including a dedicated Constitutional Court, as well as chambers for judges and essential amenities for lawyers and litigants.

"The present application is allowed subject to the conditions outlined below," stated Justice Jasmeet Singh while pronouncing the order on March 26, 2025, in response to CPWD’s application under CM APPL. 4623/2025.

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The CPWD informed the court through an affidavit that:

  • 16 trees will be transplanted along the periphery of the garden between Gate A and B.
  • 10 trees will be moved near the corner of the Administrative Buildings Complex, close to Gate No. 1.

Additionally, to compensate for the environmental impact, the CPWD has undertaken compensatory plantation of 260 trees at Sundar Nursery. The plantation was acknowledged in court by Mr. Sudhir Mishra, counsel for the respondents.

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Justice Singh granted the permission with a set of strict environmental and procedural conditions to ensure responsible transplantation:

  1. Affidavit on Tree Status:
    • A responsible officer from CPWD must file an affidavit within two weeks, confirming the health and care of the 26 transplanted trees and the 260 compensatory plantation trees at Sundar Nursery.
  2. Photographic Proof:
    • CPWD must submit photographs post-transplantation for review by the appointed Amicus Curiae to verify proper maintenance.
  3. Additional Tree Planting:
    • CPWD must seek permission from relevant municipal authorities to explore the possibility of planting more trees along the road to the Supreme Court. This road was historically lined with full-grown trees before the Sundar Nagar Road expansion.
  4. Scientific Pruning and Monitoring:The Tree Officer must assign a responsible officer during pruning to ensure it is done scientifically. The aim is to rejuvenate the trees rather than reduce them to "mere logs of wood incapable of rejuvenating.""The DCF shall also file an affidavit in compliance," the court directed.
  5. Site-Specific Report:
    • CPWD is required to submit a detailed site-specific transplantation report.
  6. Annual Reports on Survival Rate:
    • CPWD's responsible officer must file annual affidavits detailing the survival rate and health condition of both transplanted and compensatory plantation trees.

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The Chief Secretary of the Delhi Government has also been directed to file an affidavit regarding the status of the Standard Operating Procedure (SOP) as per earlier court orders dated 06.03.2024, 01.07.2024, 19.07.2024, 02.08.2024, and 20.12.2024. This report must be submitted within two weeks.

The court reviewed the earlier order issued by the Tree Officer permitting the tree transplantation and found it lacking clarity.

"To my mind, the same is not a speaking order," noted Justice Jasmeet Singh.

As a corrective measure, the Tree Officer has been instructed to issue a fresh speaking order within two weeks that aligns with the Delhi Preservation of Trees Act (DPTA) and the court’s order dated 28.04.2022, superseding the earlier order dated 20.01.2025.

Title: BHAVREEN KANDHARI v. SHRI C. D. SINGH AND ORS.