New Delhi: The Supreme Court on Wednesday (May 28) closed the contempt case against Delhi Lieutenant Governor (LG) and the Delhi Development Authority (DDA) officers who were at the ire of the top court over unauthorised tree felling in the sensitive Delhi ridge area and directed the officers responsible for the act to pay Rupees 25,000 each.
A bench comprising Justice Surya Kant and Justice NK Singh held that the officers of the DDA clearly committed the contempt of court by not taking the nod of the apex court and it was contumacious and falls under the purview of criminal contempt.
“We hold that the act of the respondent (DDA) was contumacious and falls under the purview of criminal contempt … This is a case of institutional missteps and administrative overreach. It raises strong questions on accountability,” it said.
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The bench, while pronouncing its verdict, dealt with the question whether the breach of the top court order was wilful and deliberate and if it was, then what steps can be taken for the remedy.
The bench further considered whether it should adopt a liberal approach and said that the majesty of law is supreme and the approach of the court has to be strict when there is a wilful breach.
The bench said this is a case of institutional missteps and administrative overreach and it raises strong questions on accountability, however, it noted that it was for a good cause to enable better access to a hospital paramilitary personnel and closed the contempt proceedings.
“There are two categories – malafide abuse of power and genuine administrative misjudgment. However, the broader objective was to widen roads for hospital. This case falls under the category of administration misjudgment,” the bench said.
The bench issued detailed directions to the Government of National Capital Territory of Delhi (GNCTD) and DDA for remedial measures needed and formed a three- member committee. It ordered that if the committee finds that a compensatory afforestation is needed, it may be commenced by formulating a plan and periodical progress reports have to be submitted to the court.
“The DDA is directed to complete the approach roads expeditiously. The committee shall explore the possibility to ensure thick coverage of trees on both sides of approach road. A due identification exercise has to be carried out of those who are the affluent ones and who benefited from this road and be made to pay,” the bench said.
