Stepping in of a Senior Advocate has prevented the felling of a 60-year-old peepal tree located at Inderpuri in Delhi. A letter petition written by Senior Advocate - N. Hariharan was made to the Delhi High Court on the 28th of October wherein the Delhi Police, North Delhi Municipal Corporation, and Deputy Conservator of Forest were asked to ensure that the tree should not be cut or harmed in any manner until the next hearing of the case. Notice concerning the same was issued to three respondents. The next hearing is scheduled for the 11th of November 2021.
N. Hariharan had received a call at around 3.30 pm while he was in court, the Peepal tree adjacent to his house at Inderpuri was rooted out by the Forest Department. It was also noted that the 60-year-old tree would be cut down to sizes in the coming hours. He immediately prepared a handwritten letter petition and approached the Bench of Chief Justice Court as well as the Court of Division Bench. However, to his misfortune, they had already risen for the day. He later approached Senior Most Division Bench Justice Sidharth Mridul and Justice Anup Bhambhani who were engaged in a hybrid hearing. The plea was heard at 4.30 pm and the Bench ordered the Registrar to list the petition immediately to the orders of the Chief Justice. The plea was numbered within 45 minutes and got listed before the Bench of Justice Rekha Palli.
The Lawyer representing Forest Department and the North Delhi Municipal Corporation was asked to join the hearing. Hariharan argued that the tree was being cut illegally and sought immediate interim relief (a grant of something to give short-term help). The Counsel appearing for NDMC- Mr Abhinav S. Aggarwal told the court that as per the instructions, an order was passed by the Office of Deputy Conservator of Forest wherein the relocation of the tree was allowed. He also added that he was not permitted to give out any details regarding the order. Advocate Gautam Narayan appearing for Delhi Police and the Office of Deputy Conservator of Forest too mentioned that he is not allowed to talk about the details of the order. Court's Decision - After hearing both the parties, the court mentioned that the cutting down of the tree will be grave and irreparable harm. Thus, the Delhi Police, North Delhi Municipal Corporation, and Deputy Conservator of Forest were ordered to ensure that the tree is not cut, removed, or harmed in any manner, till the next date of hearing.
Date of Hearing - 28.10.2021 Citation - W.P.(C) 12398/2021 Petitioner - N.Hariharan with Mr M.A. Niazi, Mr Vaibhav Sharma & Siddharth Yadav. Counsel appearing for Respondent - Mr Gautam Narayan and Ors. Bench - Honorable Ms Justice Rekha Palli.
Tags : #DELHIHIGHCOURT #HIGHCOURTOFINDIA #N.HARIHARAN #ADVOCATES #JUDGES #PETITION #DELHI #NDMC #JUSTICE REKHA PALLI #FOREST DEPARTMENT