Case Title: New India Assurance Co Ltd. v. Himanshu Sharma &Ors + MAC.APP. 978/2018
CORAM: HON’BLE MR. JUSTICE NAJMI WAZIRI O R D E R
Order Dated: 29.05.2023
Introduction
Over Rs 80 lakh were planted in the court as costs imposed on the defaulting parties in various instances, including contempt and writ petitions, and the Delhi High Court has issued an order for the planting of at least 10,000 trees to use these funds.
“These funds must be used for the common benefit. Justice Najmi Waziri has stated that tree planting is one such activity that the court would consider. “Trees, for as long as they are alive, be it for decades or for centuries, would incessantly and silently provide multiple benefits to the city; provided, however, that people and the land-owning agencies do not interfere with or hinder their growth,” she said.
Facts of the Case
The court ruled that planting trees in Delhi will have far-reaching positive effects for future generations because “they will also act as carbon sump, soaking up in some measure the environmental pollution which ravages the town all year round.”
The Deputy Controller of Forests, GNCTD’s account is at the UCO Bank, the High Court of Delhi Branch in New Delhi, and the court had previously ordered a transfer of more than Rs 70 lakh there.
The DCF, with the help of the PWD, GNCTD, is to use the funds to plant trees in areas designated by the Court Commissioners (Shadan Farasat, ASC; Avishkar Singhvi, ASC GNCTD; Tushar Sannu, Standing Counsel, NDMC; Advocates Aditya N. Prasad and Atul Buchar).
Courts Analysis and Decisions
The court ordered local law enforcement to help the Department of Children and Families and the Court Commissioners throughout the plantation operation.
Planting Jamun, Amaltas, and Kadamb trees along PWD/MCD highways was recommended by the court. The court ordered the learned Court Commissioners to find suitable planting locations, particularly along public thoroughfares. DCF was also ordered to aid.
A minimum of ten feet in trunk height and three years in the nursery are required for each tree, according to Justice Waziri, and “from the Rs.70 lakh at least 10,000/- trees shall be planted.”
Both the local DCF and the Court Judges are required to submit a compliance statement and photographic evidence indicating that the planting areas have been properly safeguarded by tree guards or fences. The court ordered that “community involvement shall be encouraged to the extent feasible” in the tree planting and upkeep. The court has scheduled a follow-up hearing for July 7 and ordered: “Status Reports with photographs, be filed with the Tree Officer/DCF every six months.” This case will be noted for guidance in the event of a default. Nevertheless, the first progress report will be available for review on July 7, 2023.
Judgment- click here to review the judgment
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Written by- Anushka Satwani
