Friday, October 18th, 2024

The same case is in two benches in the Supreme Court, DDA is also doing something amazing! One is saying something and the other is saying something else

New Delhi : The same case is being heard in two different benches at almost the same time in the Supreme Court. This is surprising. What is even more surprising is that the organization to which this case is linked is giving completely opposite arguments in both the benches. The case is about illegal cutting of hundreds of trees in the Ridge area of ​​South Delhi. Regarding this, the Delhi Development Authority (DDA) has completely different stands in different benches of the Supreme Court. In one bench, the DDA is giving assurance that it will cancel the Ridge Plan. Admitting that cutting the trees was a mistake, it is apologizing for it. On the other hand, in the second bench, it is taking a U-turn and pleading with the government to okay the Ridge Plan. According to the report of our associate Times of India, the DDA has argued in the second bench that the project is of national importance and hence it should be allowed to be completed.

The Delhi Development Authority (DDA) has taken a U-turn in the Supreme Court in the matter of felling of trees for the road widening project for the Central Armed Police Forces Institute of Medical Sciences (CAPFIMS). Earlier, the DDA had admitted in the Supreme Court that cutting of trees without permission was wrong, but now it has taken a completely different stand in the apex court. It has sought permission to complete the project, calling it of national importance.

What is the matter?

What happened was that DDA had cut down 174 trees in non-forest land and 468 trees in forest land without taking necessary permission for road widening for CAPFIMS. After this, the Supreme Court had issued a contempt notice to DDA. The bench headed by Justice Abhay S. Oka had reprimanded the Delhi government and said that they have no right to give permission for cutting trees.

After this, DDA Vice-Chairman Subhashish Panda had filed an affidavit on May 15 and apologized unconditionally to the court. he/she had said that DDA will restore the land to its original condition where the trees were cut. he/she also assured the apex court that new trees will be planted in place of the cut trees. Wherever possible, more trees will be planted. Panda had also told the court that departmental action has been initiated against the site engineers.

However, now the DDA has presented its stand before another bench of the Supreme Court headed by Justice B. R. Gavai, saying that this project is of national importance and road widening should be allowed for it. Senior advocate Vikas Singh, appearing on behalf of the DDA, said that the project to set up CAPFIMS is of national importance and road widening is necessary for it.

Then they were apologizing, now they are explaining why the project is important!
The DDA, which had sought an apology from Justice Oka’s bench, has argued before Justice Gavai’s bench that the project is of national importance. Its lawyer Vikas Singh said that Rs 2,200 crore has been spent on the project and the absence of a 24-metre road creates problems in movement in the entire area. he/she told the court, ‘They (DDA) also state that there is a proposal to set up a medical college at CAPFIMS. But CAPFIMS cannot be made operational due to the absence of a road. Therefore, they requested this bench to allow access to CAPFIMS in the larger public interest.’

However, his/her argument was strongly opposed by senior advocate Gopal Shankarnarayanan. he/she told the bench that a road already exists there. The records presented in the court show that the law and court orders have been disregarded by different officials in the matter of felling of trees. The DDA first filed an application for permission to cut trees in February and the matter came up for hearing before a bench headed by Justice Oka on March 4.

The trees had been cut, DDA had hidden the matter from the Supreme Court
The bench had rejected the DDA’s plea and asked it to reconsider the proposal. According to the DDA’s affidavit, the felling of trees began on February 16 and continued for 10 days. The records showed that the trees were felled even before the hearing in the court on March 4 and the court was kept in the dark about it even on that day.

When these facts came to light, the court initiated contempt proceedings against Panda. On April 24, another bench headed by Justice Gavai also initiated contempt proceedings against the DDA for cutting trees and building a road in contempt of the order passed by the Supreme Court on February 8, 2023.

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