Chief Justice of India (CJI) Sanjiv Khanna recused himself today, 18/11/2024, from hearing a contempt case involving the Delhi Development Authority (DDA) over allegations of unauthorised felling of trees in the ecologically sensitive Delhi Ridge Forest.

The CJI cited a recent interaction with Delhi’s Lieutenant Governor (LG), VK Saxena, at a National Legal Services Authority (NALSA) event as the reason for stepping aside from the matter.

While presiding over the hearing alongside Justice Sanjay Kumar, the CJI remarked that, as Chairman of NALSA, he had visited a Bihar jail, where the LG of Delhi was also present, and they had toured the facility together. Since the contempt petition pertains to the LG in his personal capacity, the CJI suggested that it would be more appropriate for the case to be assigned to a different bench. The bench subsequently ordered the case to be relisted before another bench that does not include either of the current judges.

The case concerns allegations of illegal tree cutting for road-widening projects within the protected Ridge Forest area. The matter was initially heard by a bench led by former CJI DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra. On 16/09/2024, this bench directed the DDA Chairperson, Delhi LG VK Saxena, to file a personal affidavit addressing the allegations of non-compliance with environmental and judicial mandates.

In his affidavit filed on 20/10/2024, the LG claimed that he was not informed of the Supreme Court's requirement for prior approval before the tree felling. He also denied issuing any instructions during his visit to the site on 03/02/2024. The affidavit contradicted earlier statements from the DDA Vice Chairman, who had claimed the LG was informed of the matter on 12/04/2024, while the Chairperson’s affidavit stated that the information was conveyed on 10/06/2024. The Court observed this discrepancy and sought clarification on the timeline of events.

The matter has seen several developments over the past months. Earlier hearings in June and July, presided over by Justices Abhay S. Oka and Ujjal Bhuyan, scrutinized the actions of the DDA and the involvement of the LG in ordering the felling. The bench expressed concern over evidence suggesting the DDA's attempts to conceal facts and warned of contempt notices against officials, including the LG. On 12/07/2024, the bench scheduled further hearings but was interrupted by procedural issues raised by another bench led by Justice BR Gavai. Noting parallel proceedings on the same issue, Justice Gavai referred the matter to the Chief Justice for consolidation under a single bench.

The case was reassigned to the bench led by former CJI Chandrachud. Following subsequent hearings, the case was listed for today before the current bench. With CJI Khanna’s recusal, it will now be heard in the week commencing 02/12/2024.

The tree felling, conducted for road-widening projects along Main Chhattarpur Road to SAARC Chowk and Gaushala Road Row, violated environmental safeguards, prompting judicial intervention. An affidavit by Delhi’s Chief Secretary, Naresh Kumar, confirmed that the LG had not been informed of the requirement to seek court approval. The petitioner also alleged harassment by the Delhi Police during the proceedings, leading the Court to issue a strong warning against any form of intimidation.

Case Details: Bindu Kapurea v. Subhasish Panda Dairy No. 21171-2024, In Re Subhasish Panda Vice Chairman DDA SMC (Crl.) No. 2/2024

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