SC Bench seeks clarity on which Bench has to hear DDA tree felling contempt case
The tree felling case is before Justice Gavai Bench and another Bench of the apex court headed by Justice A.S. Oka
A general view of the Supreme Court
| Photo Credit: SHASHI SHEKHAR KASHYAP
A three-judge Bench of the Supreme Court headed by Justice B.R. Gavai on Wednesday sought clarity about two separate contempt proceedings regarding the felling of trees by the Delhi Development Authority (DDA) in the protected Delhi ridge area being heard at the same time by two different Benches.
The tree felling case is before Justice Gavai Bench and another Bench of the apex court headed by Justice A.S. Oka.
Justice Gavai noted that the Benches should not end up passing conflicting orders in the same case and judicial propriety required a clarification on which Bench should continue to hear it.
Justice Gavai noted that though the contempt proceedings with regard to felling of trees were initiated by his Bench in April 2024, the other Bench had also started contempt proceedings on the issue in May.
“It would have been more appropriate for the other Bench to seek clarification from the Chief Justice of India before initiating the contempt proceedings,” Justice Gavai, heading the Bench comprising Justices P.K. Mishra and K.V. Viswanathan, observed.
It was noted that the Justice Gavai-led Bench had on February 8 last year directed that until further orders, the DDA shall not allot any land in the areas which are under consideration for being notified as a protected area.
It said in order to avoid the prospect of conflicting orders being passed by the two Benches, “it is appropriate that the matters pertaining to the ridge area are heard by the same Bench”.
“We are not touchy about any matter,” Justice Gavai observed, adding, “let the CJI decide”.
Master of the roster
When one of the advocates said the contempt proceedings were initiated in separate matters, the Bench observed the appropriate course for any Bench would have been to refer the matter to the CJI and get the order as to which Bench should hear it because, ultimately, “it is the Chief Justice who is the master of the roster”.
“We don’t want to say anything. On a question of propriety, when another Bench is already seized of the matter, whether the subsequent Bench could have looked into it?” the Bench said.
When the lawyer said the same action is a matter of contempt in two separate proceedings, the Bench observed, “Maybe… though the other Bench has not adhered to judicial propriety…”.
In its February 2023 order, the apex court had noted that the ridge in Delhi acts as a lung, which supplies oxygen to the citizens of the national capital and therefore, the necessity to protect it cannot be undermined.
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