Delhi PWD challenges forest dept fine over tree concretisation in Vasant Vihar

Justice Yashwant Varma asked the DCF (West) to respond to the petition within six weeks, and listed it for hearing on November 24.

According to the order issued by DCF (West) on February 4, there were 387 trees in the PWD area of Vasant Vihar which were still surrounded by concrete enclosures. The order imposed a fine of Rs 10,000 per tree, totalling Rs 38,70,000 for 387 trees

The PWD argued that a public notice was issued in 2015 by the forest department stating that Rs 10,000 will be imposed upon all persons found to have victimised trees. “But the scope of the public notice is in case there is signage or an advertisement that has been affixed on the tree. It is not for the failure to deconcretise and neither does it contemplate that a fine per tree can be imposed,” argued the counsel representing the PWD.

The court said the PWD “at best” can say the Rs 10,000 fine was for signboard or signages and that there is no fine as such prescribed for concretisation. However, it disagreed with the submission that concretisation won’t come under the scope of the public notice.

In the petition, the PWD said the fine has been imposed for non-filing of the compliance report, “in spite of the fact that various compliance reports were submitted before this Hon’ble Court where the DCF(W) was also a party and the measures undertaken by the petitioner were duly appreciated by this Hon’ble Court.”

A single bench of the court, since last year, has been hearing a matter related to the concretisation of trees in Vasant Vihar. When on March 8, the court had been apprised that Rs 37 Lakh are to be paid by the PWD, it had ordered that the money be utilised towards plantation of trees in forest lands like Southern Ridge. “Let the GNCTD take a decision in this regard,” Justice Najmi Waziri had said.