The Delhi High Court in the case New India Assurance Co Ltd. v. Himanshu Sharma &Ors observed and has issued an order for plantation of at least 10,000 trees to utilise over Rs 80 lakh that were being deposited in the court as costs imposed on the defaulting parties in different cases including contempt and writ petitions.
The bench headed by Justice Najmi Waziri stated that these memories are to be utilized for larger public good. Plantation of trees is one such exercise which the court would consider because trees, for as long as they are alive, thus, be it for decades or for centuries, would incessantly and silently provide multiple benefits to the city, while providing that the people and the land- owning agencies do not interfere in or hinder their growth.
The court stated that the benefit that trees would provide to generations of residents of Delhi which being by way of oxygen would be immeasurable. Therefore, it has been stated by the said court that they would also serve as carbon sump, to absorb in some measure, the atmospheric pollution which plagues the city all year round.
Earlier, it has been directed by the said court that over Rs 70 lakh be transferred into the bank account of the Deputy Conservator of Forests, GNCTD maintained at UCO Bank, Delhi High Court Branch, New Delhi.
Further, the court in the case observed and has directed that the money which is being utilized by the DCF, with the assistance of PWD, GNCTD to plant trees in such areas as may be identified by the appointed Court Commissioners — Shadan Farasat, ASC; Avishkar Singhvi, ASC GNCTD; Tushar Sannu, Standing Counsel, NDMC; Advocates Aditya N. Prasad and Atul Bhuchar.
Therefore, the court stated that the local police shall assist the DCF as well as the Court Commissioners in the plantation exercise.
It has also been suggested by the said court while considering the variety of trees which includes Jamun, Amaltas, Kadamb for plantation along PWD or MCD roads and the sites for plantation, preferably public roads, shall be identified by the learned Court Commissioners and DCF too shall assist in this regard.
The bench headed by Justice Waziri stated that each tree shall have a minimum of three-years’ nursery-age and a minimum trunk height of 10 feet and that from the Rs.70 lakh at least 10,000/- trees needs to be planted.
The court while considering the facts and circumstances of the case stated that the compliance affidavit, along with photographs showing the plantation sites before and after plantation, duly protected by tree-guards or fences, shall be filed both by the DCF concerned and the Court Commissioners. Thus, the Community participation, to the extent plausible, in the plantation and maintenance of the trees shall be encouraged.
Accordingly, the court listed the matter to be next heard on July 07, 2023.
