The Supreme Court on Thursday allowed the diversion of 2.97 hectares of forest land to build a road for better access to the CAPFIMS paramilitary hospital. The Court also allowed the felling of 152 trees for road widening. However, it made the permission conditional. Authorities must plant at least five times the number of saplings as compensatory afforestation.
Background
The case arises from allegations of illegal tree felling in the Delhi Ridge. The felling allegedly took place to widen a road leading to the CAPFIMS hospital. It was also said to be against earlier Supreme Court directions. The Court took suo motu cognisance and started contempt proceedings against DDA officials.
The Supreme Court also set up an Expert Committee. The Committee will prepare and supervise an afforestation plan. The Forest Department will implement the plan.
Sapling Translocation and Survival Targets
The Court approved the translocation of 2,519 saplings. The Expert Committee will directly supervise the process. The Delhi Development Authority (DDA) will carry it out.
The Bench noted that translocation has a higher mortality rate. It asked the Committee to decide how many extra saplings need planting. The goal is clear: the “mortality rate remains zero” over time.
The Court also emphasised long-term survival. It said compensatory steps must ensure that around two lakh plants survive in the long run.
Bench and Appearances
A Bench led by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi and Justice Vipul M. Pancholi, passed the order after hearing:
- Solicitor General Tushar Mehta
- Senior Advocate Gopal Sankaranarayanan (for the contempt petitioner)
- Senior Advocate Maninder Singh (for DDA)
- Senior Advocate Guru Krishna Kumar (as Amicus Curiae)
Compliance Timeline and Monitoring
The Court noted that pre-plantation work has already started. Authorities expect to finish it by the end of February. Once the fields are ready, plantation can begin right away. The Court set a target to complete it by the end of March.
The Bench also kept a close watch. It said the Expert Committee may inform the Court (on the administrative side) about any delay, negligence, or reluctance. The Court can then pass further directions.
Expert Committee: Replacement Member Appointed
The Court heard that one Committee member has been nominated to the National Green Tribunal (NGT). On the Amicus’ recommendation, the Bench appointed Sh. M.B. Sinha as the third member. He is a retired IFS officer and served as Principal Secretary to the Haryana Government.
Courtroom Exchange
Solicitor General Tushar Mehta said the road and hospital already exist. However, the hospital cannot run beyond OPD services because the access road is narrow.
Maninder Singh said DDA has completed about 13–14 km of the 20 km boundary wall work. He also referred to the Committee’s view that plantation could begin from March 1. He added that an earlier plan involved felling around 470 trees. Authorities later reduced the proposal. They now seek permission for 152 trees.
Gopal Sankaranarayanan said the authorities had not met earlier plantation targets. He opposed more leeway. He called the process “a circus.”
The Chief Justice noted a key point. He said transplantation causes much higher mortality than fresh plantation. The CJI also remarked:
“When people can have helipad in hospitals, these poor paramilitary forces person can have atleast ambulance plying on the road.”
The Amicus raised concerns about the road width. He pointed to changes from 7.5 metres to 15 metres. He also referred to a proposal for 30 metres, with additions like a cycle track. The Chief Justice responded that the Court will not stop the project if it serves paramilitary needs.
