Delhi Hc Stays Tree Felling Exemption Raps Forest Dept For Contempt

The Delhi high court has stayed the operation of a Delhi government notification issued last year that exempted landowners from informing a tree officer before felling trees deemed dangerous to life, property or traffic, terming the move “prima facie contempt”.

In an order passed on May 29, justice Jasmeet Singh said the forest department had shown a “clear apathy” and a “shocking state of affairs” by repeatedly failing to comply with directions issued by the court.

The court was hearing a writ petition filed under Section 12 of the Contempt of Courts Act, 1971.

In a notification issued on June 6 last year, the Delhi forest department had stated that if a tree posed a grave danger to life, property or traffic, “the owner of a land may take immediate action to fell such tree and report the fact to the Tree Officer within twenty-four hours of such felling”.

The notification had also included construction of bridges, underpasses and sewer lines among emergency situations requiring immediate felling of trees.

Referring to photographs submitted by the petitioners, the court noted that trees had been cut from the grade level.

Justice Singh observed that under previous high court orders and the Delhi Preservation of Trees Act, 2023, the forest department was duty-bound to ensure the well-being of every tree, and that citizens or petitioners could not be expected to police violations on behalf of the authorities.

“The photographs filed on record by the petitioners show trees having been cut from the grade level,” the court noted.

The court further observed that the notification “also seems to suggest that the respondents are permitted to cut the trees which come in the way of developmental work and shows that there are no safeguards available and/or requirement to apply mind to seek alternatives before cutting of trees”.

“The same is an overreach of the court’s orders issued in 2022 and 2024. The respondents cannot be permitted to overreach the orders of this court by issuing notifications,” justice Singh said.

The court added, “Thus, prima facie the respondents seem to be in contempt. However, before proceeding further, I am of the view that a reply be called for and the reply shall be filed within 4 weeks from today”.

The high court stayed the June 2025 notification till the next date of hearing on July 4 and directed the forest department to comply with its order “in letter and spirit”.

Arnabjit Sur is a Senior Correspondent with Hindustan Times' Legal Bureau. He covers Delhi's district courts. Previously, he has covered crime in the city.