Mr. Ravi Swami and Mr. Ajay Kataria, Advs v. SUB DIVISIONAL MAGISTRATE AND ORS

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 12565/2025 GOVIND .....Petitioner Through: Mr. Ravi Swami and Mr. Ajay Kataria, Advs. versus SUB DIVISIONAL MAGISTRATE AND ORS .....Respondents Through: Mr. Ripin Sood, Adv. for R-1 and 4 Mr. Sandeep Kr. Mahapatra, CGSC with Ms. M. Sahu, Mr. Tribhuvan, Mr. Chandan, Advs. for R-3 Mr. Siddhant Nath, SC for MCD with Mr. Bhavishya Makhija, Mr. Amaan Khan, Advs. for MCD CORAM:HON'BLE THE CHIEF JUSTICEHON'BLE MR. JUSTICE TUSHAR RAO GEDELAO R D E R% 20.08.20251.Heard learned counsel representing the parties. 2.The instant Public Interest Litigation petition raises concern about the inadequate steps being taken by the respondent/Authorities, so far as maintenance, pruning and preservation of trees and green belt areas in Dwarka region of South-West District, Delhi are concerned. Along with the writ petition, certain photographs have been enclosed which clearly depict that immediate attention of the authorities is called for pruning of the trees and cutting or removing the dead parts of the trees or branch of a trees, not only to improve growth of desired part of the trees but also reducing risk of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 12:11:10 damage to the property and human lives.3.The Department of Forests & Wildlife of the GNCTD has issued a notification dated 02.05.2025 under Section 33 of Delhi Preservation of Trees Act, 1994, for tending and pruning of trees under the said Act, Standard Operating Procedure (SOP). The said SOP as embodied in the said notification dated 02.05.2025 gives the detailed guidelines and instructions to the authorities for pruning of the trees which is required in respect of the trees standing in public places like road, footpath, street, path etc. Pruning may also be required to ensure that no danger to life and property or traffic is caused.4.Submissions made in this petition is that despite the said SOP having been issued by the GNCTD, which are statutory in nature, authorities are not acting on the same; neither have they taken any appropriate actions, as a result of which the dead branches and other parts of tree(s) which keep on falling. This results in causing loss, both, to the property and life; and also hindrances in smooth roads and footpaths. 5.Having regards to the aforesaid facts as stated in the writ petition, we are of the opinion that immediate attention is required by all the authorities responsible for pruning and cutting of the trees/branch of trees. In view of the aforesaid facts, the relevant portion of the SOP contained in the notification dated 02.05.2025 is extracted herein below:- “The following directions shall be called as “Standard Operating Procedure for dealing with Tending and Pruning of Tree(s) under section 33 of the ‘Delhi Preservation of Trees Act, 1994’, 2025”1. If any Individual civic agency/ government agency/ RWA/ company/ organisation etc finds that twigs/branches/shoots/roots of any tree(s), which are having This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 12:11:10 girth equal to or more than 15.7 cm, are required to be pruned in circumstances enumerated above, then applicant can apply online for the pruning of same on e-Forest portal (https://www.dpta.eforest.delhi.gov.in) along with their geo-referenced photographs(for each tree separately) to the concerned Tree Officer for the permission. Permission or otherwise will be communicated by tree officer to the applicant within 7 working days from the date of receipt of complete application after following due process. 2. No permission will be required from the Tree Officer, for general tending and light pruning where branches to be pruned are having girth less than 15.7cm. Photographs of such pruning will be uploaded on the e-forest portal. 3. If the tree(s) for which pruning is required is standing in public spaces like road, footpath, street, park etc of MCD/NDMC/DDA/PWD/CPWD/ASI/Delhi Cantt etc or in building/premise of any government agency and is posing danger to life, property or traffic, then such agencies can proceed for tending/light pruning themselves, irrespective of the girth, in supervision of their senior horticulture officer and inform to the Tree Officer with geo-referenced before and after photographs/ video of such tree(s) in harmony with provisions of Section 8 of the DITA 1994. General Instructions: i.L Tending and Pruning of Trees has to be done by the land owner land-owning agency as per guideline formulated by the State Government. ii.NOC from the land owner(s), if applicant is not the land owner. iii.The Department of Forests & Wildlife, GNCTD does not get the trees tended or pruned directly but only accords the tree pruning permission to the land owner/land-owning agency after due inspection. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 12:11:10 iv.The Tree Officer will accept application(s) only through e-forest portal of the Department of Forests & Wildlife, GNCTD by the land owner/land owning agency and application submitted in any other form will not be accepted. v.Any kind of pruning of the tree(s) must be carried out in a scientific manner so that it does not damage the tree(s). Pruning must be done by the land owning agency in the expert supervision of a Horticulturist. These directions shall supersede all earlier guidelines/directions issued in this regard.” 6.As per the said SOP primarily the tending and pruning of the trees is to be done by the land owner of the land owning agency or in term of the other guidelines to be formulated by the State Government. The SOP further states the Department of Forests & Wildlife of the GNCTD, accords tree pruning permission to the agency concerned. It further provides that in case, any tree for which pruning is required, and also which is posing danger to life, property or traffic, then such agency shall proceed for tending/light pruning of such trees by themselves, and to inform the Tree Officer with geo-referenced before and after photographs/video of such trees in tune with Section 8 of the Delhi Preservation of Trees Act, 1994. 7.Thus, as per the said SOP primary responsibility of tending and pruning the trees is that of the Municipal Corporation, PWD Department, CPWD Department, ArchaeologicalSurvey of India and authorities of Delhi Cantonment. 8.It is also clear that so far as light pruning of trees causing danger to life, property or traffic is concerned, such light pruning can be undertaken by the authorities themselves with information to the Tree Officer. However, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 12:11:10 for certain other nature of pruning, the permission of the Tree Officer may be required. 9.The photographs enclosed in this petition clearly depict that authorities, especially of the Municipal Corporation of Delhi and Public Works Department, who maintain the roads and footpaths, have not been discharging their duties as cast on them by the SOP contained in the notification dated 02.05.2025. Even otherwise, in absence of any such SOP it is the duty of the authorities entrusted with maintenance of roads, to prune the trees from time to time so as to make the pedestrians and other users of roads, safe. 10.It is common knowledge that during the monsoon season, whenever there are heavy rains, several incidents of falling trees, causing damage to the life and property, both, are reported. The facts as discussed above warrant the authorities to act promptly and follow the SOP as contained in the notification dated 02.05.2025. 11.We thus, dispose of this Public Interest Litigation petition with the following directions:- 1.The appropriate Authority of the Municipal Corporation of Delhi in co-operation with the Authorities of Public Works Department and Authorities of any other body, shall get a survey of Dwarka region, South-West District, Delhi to find out the number of trees, which are required to be pruned. 2.The said survey shall be conducted within a period of 10 days from today. 3.On completion of survey, necessary action which may be required in terms of the provision contained in the notification dated 02.05.2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 12:11:10 shall be taken, and all the trees where pruning is required, shall be attended to by applying adequate number of work force. 4.The pruning of the trees in the entire region of Dwarka shall be completed within 04 weeks from the survey which is to be conducted under this order. 12.List on 29.10.2025 for reporting of compliance. DEVENDRA KUMAR UPADHYAYA, CJTUSHAR RAO GEDELA, JAUGUST 20, 2025/j