Delhi High Court halts new tree pruning SOP, cites earlier order

The Delhi High Court stayed a government SOP allowing tree branch pruning without approval, stating it contradicted a 2023 judgment. The order came during a contempt plea, with the court calling the SOP an attempt to bypass a judicial decision.

In a significant order on tree protection in the national capital, the Delhi High Court has stayed a recently issued government Standard Operating Procedure (SoP) that allowed pruning of certain tree branches without prior approval, saying the notification appeared to run contrary to an earlier binding judgment of the Court.

Background of the Contempt Plea

Justice Jasmeet Singh passed the order while hearing a contempt petition moved by Bhavreen Kandhari against officials, including Vijay Kumar Bidhuri. The petitioner drew the Court's attention to a May 29, 2023 judgment in Prof. Dr Sanjeev Bagai & Ors. vs. Department of Environment, Govt. NCT of Delhi & Ors., where the High Court had held that there was no provision under the Delhi Preservation of Trees Act permitting pruning of branches with a girth of up to 15.7 cm without specific permission from the Tree Officer. The court had also struck down earlier guidelines permitting such pruning.

Details of the Contested SOP

Despite that ruling, the respondents issued a notification dated May 2, 2025, laying down a fresh SoP for tending and pruning of trees under Section 33 of the Delhi Preservation of Trees Act, 1994. The SoP stated that no permission would be required for "general tending and light pruning" where the branch girth was less than 15.7 cm. It also allowed agencies such as MCD, NDMC, DDA and PWD to undertake pruning in public areas in certain cases.

High Court's Observations

The High Court observed that the notification was "in teeth of" the 2023 judgment, which had already attained finality and was binding on the authorities. The Court remarked that the respondents could not nullify or bypass the effect of a judicial decision through an executive notification.

Court Issues Stay Order

Leading with its final directions, the Court ordered that the SoP dated May 2, 2025, permitting such pruning would remain stayed till the next date of hearing. The respondents have been directed to file their response affidavit within four weeks. The matter has been listed for further hearing on July 20, 2026.

(ANI)

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