Supreme Court closes contempt against DDA, cites public interest in hospital road project

Citing public interest, the Supreme Court on Wednesday closed contempt proceedings against the Delhi Development Authority (DDA) and its officials for felling trees in Southern Ridge. The apex court took a lenient stance, noting that the trees were felled to facilitate the expansion of a road leading to a multispecialist hospital.

While ruling on a contempt petition filed by Delhi resident Bindu Kapurea against former DDA Vice Chairman Subhashish Panda, a bench headed by Justice Surya Kant observed that the Delhi Development Authority (DDA) was clearly in contempt for failing to inform the court that trees had already been felled when it sought permission for tree cutting.

Trees in the protected ecological zone of the national capital were felled to widen the access road leading to the Central Armed Police Forces Institute of Medical Sciences (CAPFIMS), a newly constructed tertiary care hospital intended to serve paramilitary personnel, their families, pensioners, and the general public.

The bench while closing the contempt proceedings said, "The overarching public interest carries significant weight with this Court.”

“It contaminates the sanctity of judicial proceedings. It causes irreversible prejudice to parties. We are left with no hesitation to hold that the respondents - DDA officials conduct was gravely contumacious, and viewed cumulatively, the irreversible actions amount to blatant obstruction of justice. These actions, in our considered view, fall clearly within the ambit of criminal contempt of the court,” Justice Kant, who pronounced the verdict, said.

The court concluded that the tree felling was not done with malafide intent but to facilitate the construction of a road essential for operationalising a completed hospital awaiting inauguration.

“The instant case is replete with institutional missteps, administrative overreach of permissions not obtained of court orders ignored and the infliction of environmental degradation with impunity. The case raises concerns about governance and accountability,” Justice Kant noted.

The bench also took note of the submission by the then DDA Vice Chairman that he was on leave during the tree felling and has since moved out of the department. In light of this, the court decided to close the contempt proceedings against him.

However, three officials who were found guilty after an internal inquiry held by DDA, were directed by the court to pay Rs 25,000 each as a fine towards environmental damage.

The court in its detailed verdict hailed the security forces and said, “CAPFIMS is an institution which would primarily function as a tertiary care hospital to cater to the medical needs of the personnel serving in the paramilitary services like BSF, CRPF,ITBP and others, who in the discharge of their duties to the nation are in the line of grave risk.”

The court emphasised that such institutions to ensure that the families of paramilitary personnel, often stationed in remote areas without basic communications, would get world-class medical care.

“Ensuring access to quality medical care is not a privilege but an imperative necessity. It is essential and urgent. The noble objective to provide such a medical institution is not just an administrative act, but reflects the moral compass of a welfare State and involves parens patriae. A better road to such an institution to allow emergency vehicles, ambulances easy access to the facility would save the lives of those who routinely safeguard our nation,” the bench noted.

The Delhi government and the DDA will impose a one-time levy on landowners along the proposed road, proportional to the construction costs, as they stand to benefit from the development. This levy will be determined in accordance with the principles of natural justice.

Additionally, the court-appointed a three-member committee comprising conservationists Sunil Limaye, Pradip Krishen, and Sumer Singh to oversee and monitor the afforestation efforts on a 185-acre plot. The committee has been directed to submit periodic reports on the progress of the afforestation.