Why New CJI Sanjiv Khanna Recused From Hearing Delhi Ridge Tree Felling Case
CJI Sanjiv Khanna cited a past association with the Delhi L-G VK Saxena as the reason for recusal from the case.
In as significant development in the ongoing contempt of court case against Delhi Development Authority (DDA) officials for illegal tree felling in Ridge area, the newly appointed Chief Justice of India (CJI) Sanjiv Khanna recused himself from hearing the case.
CJI Khanna on Monday recused from the petition alleging contempt against Delhi lieutenant governor (L-G) VK Saxena in his capacity as the DDA chairperson.
The CJI cited a past association with the Delhi L-G as the reason for recusal from the case. When the case came up for hearing, the CJI said that when he was serving as the National Legal Services Authority (NALSA) Chairman he had gone to Patna. On his visit to Bihar jails as the NALSA chairman he was accompanied by Delhi L-G VK Saxena while touring the prisons in Patna.
The CJI said that it would not be appropriate for him to to hear the writ petition involving the Delhi L-G. After CJI Khanna's recusal the matter will be re-listed before another bench on November 27. This will be the fifth bench to hear the case.
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 had then 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.
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.
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.
The matter was then listed before a third bench comprising former CJI DY Chandrachud. After CJI Sanjiv Khanna took over, the case was listed before his bench. But after his recusal the case will be heard by a fifth bench.
The Supreme Court had earlier taken note of the discripancies in affidavits filed by Delhi LG and DDA ex-Vice Chairman. The top court directed Delhi LG VK Saxena and Delhi Development Authority (DDA) ex-Vice Chairman to be more specific in disclosing the date when they got to know of the illegal felling of trees in the Delhi Ridge area. The direction came after the petitioners pointed out discrepancy between the statement of the Delhi LG and DDA Vice Chairman on illegal tree felling in Delhi's ridge area.
The Delhi Lieutenant Governor VK Saxena had informed the Supreme Court in an affidavit that he was not informed about the requirement to take court permission for clearing of Ridge Trees for a road widening project. He has further sought an exemption for the DDA vice chairman from the contempt of court case saying that he was undergoing medical surgery at AIIMS on the day of tree felling.
While LG said that he got information about the tree felling on June 10, there is a letter by the DDA VC that he had informed the LG about the "blunder of tree felling" on April 12, the Court notes.
A bench headed by the formerCJI DY Chandrachud after going through LG VK Saxena's affidavit and hearing submissions by the petitioners said that the statement that it was only on June 10 that DDA Chairman (LG VK Saxena) was apprised that actual felling started on 16 February would require further clarification.
L-G Saxena submitted affidavits citing his lack of knowledge about the tree-felling incident. He stated that he became aware of the court’s requirement for prior approval on March 21 and was informed in June that the trees were felled in February.
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