Delhi High Court upholds natural justice
- Communications
- Sep 5, 2025
- 2 min read
In a significant order, the Hon'ble Delhi High Court directed the Deputy Conservator of Forests (DCF) to pass any order in tree felling cases only after hearing the complainant and after dealing with all submissions of the complainant. Also, DCF has been directed to provide all documents to the complainant and comply with the principles of natural justice.
Also, the order passed by the DCF, allowing compounding of tree offence of felling of 3 trees in West Delhi Area, without granting any hearing and documents to the complainant/ petitioner was set-aside. The matter has been remanded back to DCF for fresh adjudication in compliance with principles of natural justice.
This is one of the first orders where the order of the DCF has been set-aside for not complying with principles of natural justice and allowing compounding of tree offence without hearing the complainant.
Until now, in most cases, the DCF was passing orders of compounding of tree offences of felling of trees by accepting the application for compounding of tree offence from the offender. Also, the application for compounding was neither shared with the complainant nor any hearing granted to the complainant (especially after receipt of the application) and all such applications were approved. In effect, tree offences of felling of trees were granted post facto approval by the DCF. This was seen as one of the key factors for offenders to cut/ fell trees - without seeking any prior approval as mandated under the Delhi Preservation of Trees Act, 1994. The post facto approvals granted by DCF created a parallel route for legitimising the tree offence for felling of trees. Therefore, the DCF may not be able to pass any post-facto approval for felling of trees, without hearing the complainant and addressing all the objections/ arguments that may be raised by the complainant. The orders will now be required to be reasoned.
The said order of the Hon'ble High Court of Delhi may help in higher number of criminal prosecutions against the people who indulge in destroying the green cover of Delhi by illegally felling trees.
AnantLaw represented the petitioner/ complainant before the Hon'ble High Court of Delhi [Ram Kumar v DCF & Ors. WP(C) 13534/2024]
