Notification Allowing Pruning of Branches with Girth Less Than 15.7 cm Contravenes Delhi Preservation of Trees Act, 1994
In a significant ruling, the Delhi High Court has stayed the enforcement of a controversial notification dated May 2, 2025, which permitted the pruning of tree branches with a girth less than 15.7 cm without prior permission from the Tree Officer. The notification, issued as a Standard Operating Procedure (SoP) for the pruning and tending of trees, was challenged by petitioner Bhavreen Kandhari, who contended that it was in direct conflict with both the Delhi Preservation of Trees Act, 1994, and a binding judgment from May 29, 2023.
Presiding over the case, Justice Jasmeet Singh highlighted the incongruity between the notification and the statutory requirements established under Sections 8 and 9 of the Delhi Preservation of Trees Act, 1994. The court noted that the earlier judgment had clearly mandated compliance with the Act, emphasizing that any permission for pruning must be sought under Section 9 of the Act.
The court's decision to stay the notification underscores the judicial emphasis on preserving environmental statutes and adhering to established legal precedents. The petitioner referenced a previous judgment in the case of Prof. Dr. Sanjeev Bagai & Ors. v. Department of Environment, Govt. NCT of Delhi & Ors., which explicitly declared the guidelines permitting pruning of branches up to 15.7 cm in girth without permission as arbitrary and illegal.
During the proceedings, Ms. Vaishali Gupta, representing the respondents, requested additional time to file further affidavits, which the court accommodated by granting a four-week period for submission. The case is scheduled for its next hearing on July 20, 2026.
The notification, which had also allowed public agencies to proceed with pruning in certain scenarios without permission, was found to be undermining the finality of the previous judgment. Justice Singh asserted that the respondents could not undo a judgment that has attained finality, thereby ensuring that statutory compliance is maintained until the court further reviews the matter.
This ruling serves as a reminder of the judiciary’s role in safeguarding environmental regulations and ensuring that governmental actions align with legal mandates. Environmental activists and legal experts alike have hailed the decision as a victory for ecological preservation, reinforcing the importance of legal oversight in environmental governance.
Bottom line:-
The notification dated 02.05.2025 regarding Standard Operating Procedure (SoP) for pruning and tending of trees, which permits pruning of branches with girth less than 15.7 cm without permission of the Tree Officer, is in direct conflict with the binding judgment dated 29.05.2023 and the Delhi Preservation of Trees Act, 1994.
Statutory provision(s): Delhi Preservation of Trees Act, 1994 Sections 8 and 9
Bhavreen Kandhari v. Vijay Kumar Bidhuri, (Delhi) : Law Finder Doc id # 2897129
