The Chief Justice of India (CJI) DY Chandrachud has transferred the contempt of court case initiated by the Supreme Court against the Delhi Development Authority (DDA) over illegal tree felling in the Delhi Ridge area to his bench.
According to the apex court's latest cause list, the case will now be heard by the three judge bench headed by CJI DY Chandrachud instead of the bench led by Justice Abhay S Oka.
The matter pertains to a case where the apex court pulled up the DDA vice chairman, other officials and questioned Delhi LG VK Saxena's role in permitting deforestation in the ridge without court permission. Delhi LG is also the chairman of DDA.
Between June-July, the bench comprising Justices Abhay S Oka and Ujjal Bhuyan, heard the case and grilled the DDA Vice Chairman over the illegal tree felling.
The bench headed by Justice Oka questioned whether the enquiry committee it had appointed in previous order enquired into what transpired during Delhi LG's visit to the site before the trees were felled in that area.
The top court reiterated that as the chairman of DDA, Delhi LG is amenable to judicial review.
"It was accepted before us that Delhi LG visited the site. We want to know what transpired in that visit!" the bench said.
After going through the affidavits filed by the vice-chairman, the top court found that emails were exchanged between the Delhi LG who is also the chairperson of the DDA in this regard. The top court pulled up the DDA for not putting all details on record, especially with regards to who directed the felling of trees. The court sought clarification on the same.
"We direct the Vice Chairman to state before the Court about whether any official record is available regarding the site visit of the LG on 3rd Feb and on what transpired on the visit of the LG. We need a clear statement of facts from the VC, because if what is indicated in the emails is correct, then the felling of the trees was on the directions by the LG. We expect the DDA to come clean on this aspect," the bench said.
The court said such a brazen act on part of DDA cannot be brushed aside by the court and issued contempt notice to DDA officers.
Petitioner allege that the Delhi police is making enquiries about them and was reaching out to the Bank they have accounts in.
On July 24, a separate division bench headed by Justice BR Gavai, took objection to Justice Oka's bench taking up the contempt petition.
Justice Gavai observed that his bench had already issued notice to the DDA on a contempt petition in another plea on the same tree felling before Justice Oka's bench heard the said plea.
Taking note of parallel proceedings in the issue of tree felling in Delhi ridge area, Justice Gavai referred the matter to the Chief Justice of India and opined that all matters pertaining to the Delhi ridge forest be dealt with by one single bench.