Delhi HC questions rule: Should permission be needed even to clear uprooted trees?

The Delhi High Court has raised an important question on whether citizens or authorities need prior permission to remove uprooted trees or dangerously hanging branches, especially during emergencies like storms. The issue came up during the hearing of a public interest litigation (PIL) that challenged existing rules and procedures.

Court flags conflict between rules and public safety

The PIL argued that a 2023 court ruling mandates permission from the tree authority for any pruning or removal of branches, regardless of size. However, a later standard operating procedure (SOP) introduced by the forest department allows certain types of light pruning without prior approval, creating confusion. The court noted this apparent contradiction and questioned whether such strict rules could delay urgent action in situations where fallen or unstable trees pose a risk to public safety.

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SOP under scrutiny over “incongruous” provisions

During the hearing, the bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela examined Clause 2 of the SOP, which permits minor pruning without approval. The petitioner argued that this clause goes against both the Delhi Preservation of Trees Act and earlier court orders.

The court, however, pointed out the practical side of the issue. It was observed that in cases such as thunderstorms, where trees may fall or branches hang dangerously, waiting for official permission could increase the risk of accidents. Highlighting daily incidents involving falling branches, the judges questioned whether emergencies should also be bound by the same permission rules or if exceptions are needed to ensure public safety.

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The matter highlights a larger challenge-balancing environmental protection with immediate safety concerns in an urban setting like Delhi. While strict rules aim to prevent indiscriminate tree cutting, the court’s observations suggest that flexibility may be needed in emergencies. The High Court has now sought a response from the forest department, and its decision could shape how tree-related rules are applied in the future.