Delhi High Court Allows SC’s Plea to Transplant 26 Trees

In a unique situation, the Supreme Court of India—typically the last word in legal affairs—went to the Delhi High Court as an “ordinary litigant” requesting permission for a green project. The top court asked for the transplantation of 26 trees hindering the proposed expansion of its campus. Even though the court could have handled the issue internally, its willingness to adhere to due process demonstrated a welcome deference to environmental laws and the judicial process.

The expansion project, which is ongoing, seeks to provide space for additional courtrooms, including a specific Constitutional Court, and upgraded chambers for judges and facilities for lawyers and litigants. The development had, however, been placed on hold because the trees involved could not be destroyed without getting the proper approval of the law, as per environmental protection legislation.

In a recent court order, Justice Jasmeet Singh of the Delhi High Court authorized the transplantation. According to directions of the court, 16 trees will be transplanted along the border of the garden between Gates A and B and the rest, 10 trees, will be transplanted to a space near the Administrative Buildings Complex near Gate No. 1.

Petitioner’s advocate Sudhir Mishra, who was present on behalf of the petitioner—the Supreme Court Project Division–1, CPWD—accompanied by Ms. Petal Chandhok, discussed the sustainable vision of the project. He informed Hindustan Times’ Chief Managing Editor Sonal Kalra, “Supreme Court expansion project is one of the most energy efficient, sustainable reconstruction attempted in the capital city for many years.

Mishra also told the court that the compensatory plantation, as required, had already been completed with 260 trees planted at Sunder Nursery.

In addition, the High Court observed that the Tree Officer’s previous order was unjustified and not a ‘speaking order’—a mandate under the Delhi Preservation of Trees Act (DPTA). The court has now directed the officer to pass a fresh, reasoned order within two weeks, complying with both the DPTA and earlier judicial directions.

It should be mentioned that the leading case, CONT. CAS. (C) 1149/2022 – Bhavreen Kandhari Vs. Sh. C. D. Singh & Ors., is still pending in consideration and has not yet been decided finally in the Delhi High Court.