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Saving Delhi: High Court extends ban on cutting of trees in upmarket South Delhi area

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Saving Delhi

As the Delhi High Court orders that over 16,500 trees not be cut for a redevelopment project to house government officers, residents heave a sigh of relief

~By Ramesh Menon

Choked with dust storms and pollution, there was good reason for residents of Delhi to heave a sigh of relief last week. The Delhi High Court last week extended its prohibition order on the axing of over 16,500 trees in upmarket areas of south Delhi.

The Environment Ministry had given clearance in one sitting to cut nearly 16,500 trees spread over 571 acres. This was to make way for seven housing projects for central government officers costing around Rs. 32,835 crore.

A bench of acting Chief Justice Gita Mittal and Justice C. Hari Shankar said, “The damage to the environment cannot be undone. We cannot compromise on the environment, no matter the cost. The damage to the environment is irreplaceable.”

The bench demanded that deliberations made before the environmental clearance was given be placed before it and remarked that it was clear that application of the mind was not done before such a decision was taken.

Clearly, the central government wanted to build these multistoried flats in the heart of tony Delhi which is what top officers would love and lobby for.

It was also an attractive commercial option as it could sell or rent out shops created as a part of the infrastructure.

Instead, it could easily have identified areas in the National Capital Region where large tracts of land are available. Apart from being cheaper, it would not damage the environment.

Delhi has emerged as one of the most polluted cities in the world with its exploding population. And, the cutting of thousands of trees will make it worse.

The Union Cabinet had in July 2016 granted an approval for expanding housing facilities to government officials saying it was to ease the pressure of having many demanding accommodation which was not available.

Kanchi Kohli, environmental researcher, Centre for Policy Research, told India Legal: “While felling of the trees sent off the first set of alarms, the issue of the ‘redevelopment’ in Delhi has thrown open several issues. These projects have been approved without proper assessments including what is going to be the implications on air quality, fresh water use or traffic congestion. Moreover, there are some serious legal and procedural violations that citizens have pointed out.”

The court was hearing several public interest litigations that challenged the terms of reference and the environmental clearance granted to these housing saying that it would lead to the axing of thousands of trees that were today functioning as Delhi’s lungs.

These projects were to come up in projects in Sarojini Nagar, Nauroji Nagar, Netaji Nagar, Thyagaraja Nagar, Kasturba Nagar, Mohammadpur, and Sriniwaspuri where real estate is expensive.

DESTROYING LUNGS

It’s a worrisome scenario. If the redevelopment plan goes through, 96.8 per cent of trees will be cut in Nauroji Nagar; 83.8 per cent will be cut in Sarojni Nagar and 77.6 per cent will be cut in Netaji Nagar.

Already, thousands of trees have been axed due to development projects in Delhi and also because of the building of the Delhi Metro.

Environmentalist Vimlendu Jha told India Legal: “Delhi already has a deficit of nine lakh trees and cutting down another 16,500 will make it worse. The government cannot just go about changing the master plan just because it has commercial interests.”

The court has also sought response of the authorities on a contempt plea filed by Jha alleging that there was deliberate and willful default of an undertaking given to the court by the NBCC not to cut trees till July 4 for housing projects. “I fear that a lot of damage has already been done,” said Jha.

The project is being executed by the National Buildings Construction Corporation Limited (NBCCL) and the Central Public Works Department.

Trying to shield itself, the NBCCL told the court that the proposal was sanctioned by the Union Cabinet which considered the master plan before giving its nod. The bench responded by saying that it was high time for the authorities to decide to have a green master plan for Delhi.

RELOOK NEEDED

Environmental expert Gautam Bhan who had been asked by the court for his opinion of the project and its impact on the environment, said that the entire clearance needed a relook on the basis of the “precautionary principle”. What the precautionary principle essentially means is that when human activities may lead to morally unacceptable harm, actions should be taken to avoid or diminish that harm before it occurs. These actions should be proportional to the seriousness of the potential harm.

Mann pointed out to the court that compensatory afforestation or transplantation was unviable. Instead, standing trees should be included in the redevelopment plan, he suggested. Environmentalists have all along cautioned that most saplings die as they are not looked after in the initial years.

In its order, the court observed that it was worrying to see that the Delhi Development Authority was trying to increase the floor area ratio on the basis of increasing population density without applying its mind to the services that would need to be provided if that happened.

Earlier, the court in the same case had asked the state-owned real estate company, NBCCL whether Delhi could even afford to cut trees for development of roads and buildings.

REDESIGN AND NOT DESTROY

Chandra Bhushan, deputy director general of the Centre for Science and Environment, told India Legal that as Delhi’s green cover was already low, new development plans must be made around the green cover and not end up removing it. “A lot of environmental clearances are now being contested in court as it was done hastily and carelessly without taking into consideration crucial environment issues,” he said.

Saving Delhi’s trees has become a citizens’ movement. Thousands of residents near the Sarojini Nagar metro station waved placards saying, “Save Trees Save Delhi, Don’t Cut Down life Cut Your Greed”, to protest against the redevelopment plan. Residents embraced trees rekindling memories of the famous Chipko movement in the early seventies led by legendary Sunderlal Bahuguna in what is now Uttarakhand. Among them was Delhi’s environment minister Imran Hussain.

Pointed out Kohli, “Large real estate development like the present one in Delhi need thorough scrutiny without exemptions. The environment ministry must consider reinstating the requirement for public hearings for these projects. As on date, construction and township development projects require much less environmental scrutiny and are exempt from any form of public consultations.”

The contention of the government that more trees would be planted to compensate hardly helps as most samplings die. If they survive, it will take decades for it to grow. Most of the trees are of a native variety that support and allow bio-diversity to flourish as it is a home to insects, birds and other types of vegetation.  All this will vanish if trees are removed.

More importantly, it also functions as a good dust cover in summer when the capital faces the onslaught of dust storms from the Rajasthan desert and from the increasing construction debris that is just dumped and not disposed in a scientific manner.

Anumita Roy Chowdhury, executive director, research and advocacy, Centre for Science and Environment, highlights the fact that the country’s cities are being built as concrete jungles. It ends up generating more heat and also produces more sulphur and nitrogen oxides disrupting the ecosystem. So, new construction strategies and designs should incorporate sustainable methods and not get rid of the existing green cover, she said.

BLAME GAME

Ironically, it triggered off name blaming by political parties with Delhi’s Aam Aadmi Party and the BJP trading charges against each other. The AAP spokesperson Saurabh Bharadwaj pointed out that the environment clearance for the project was cleared in 2017 by the Union Environment Ministry and was given final approval by Anil Baijal, the Lieutenant Governor.  The BJP said that AAP’s environment minister Imran Hussain had approved it.

In a press conference organized by AAP, Hussain said, “The redevelopment should be shifted to such a place where there is not so much harm to the trees. We will not less this happen, I will request Delhi’s LG Anil Baijal and Union minister Hardeep Puri to not turn this area into a concrete jungle.”

For millions of residents who live in India’s capital and the surrounding areas like Gurgoan, Noida and Faridabad, the judiciary seems to be the last hope.

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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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8 Tamil Nadu engineering students killed in Kerala car-lorry crash

Eight engineering students from Tamil Nadu were killed after their car collided with a parked lorry on NH-66 in Kerala’s Thrissur district.

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Eight engineering students from Tamil Nadu were killed after the car they were travelling in crashed into a parked lorry on NH-66 in Kerala’s Thrissur district late Friday night, police said.

The accident took place at around 11.40 pm at Panambikkunnu in Kaipamangalam. The students were travelling from Guruvayur towards Kodungallur when their car collided with the rear of the lorry.

What happened in the Thrissur accident

According to the FIR, the lorry was parked illegally on the right side of the highway near a barricaded section where traffic had been diverted because of ongoing construction work.

Police said the car was travelling at high speed and its driver apparently failed to notice the diversion barricade before the vehicle crashed into the rear of the lorry.

The lorry was registered in Maharashtra.

Six students died at the accident spot, while two others were declared dead on arrival at a nearby hospital, police said.

Six victims identified

The victims were students of an engineering college in Dindigul and were travelling towards Kodungallur along NH-66.

Police have identified six of the eight victims. Four of them — Surya, Yuvasanjith, Vishva and Johua — were from Dindigul. The other two identified victims were Santhosh and Prasanna from Madurai.

The identities of the remaining two students are yet to be confirmed.

Residents, fire and rescue personnel and police took part in the rescue operation and pulled the students from the badly damaged car. The bodies were subsequently taken to the mortuary of Thrissur Medical College.

Case registered against lorry driver

Kaipamangalam police have registered a case against the lorry driver under Section 105 of the Bharatiya Nyaya Sanhita for culpable homicide.

Police said the driver went into hiding shortly after the accident.

The families of the victims were contacted using student identity cards recovered from the bodies. Police said some families were unaware that their children had travelled to Kerala.

Postmortem examinations will begin after the families reach Thrissur Medical College, police said.

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Air India sacks Phuket-Delhi flight pilot after failing drug test

Air India has terminated the Phuket-Delhi flight pilot after a confirmatory test found a psychoactive substance following the August 4 incident.

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Air India has terminated the employment of the pilot-in-command of a Phuket-Delhi flight after he tested positive for a psychoactive substance.

The pilot was in command of flight AI2379, which was travelling from Phuket to Delhi on August 4 when the aircraft suddenly lost altitude over Odisha. The incident left 24 passengers injured.

Air India said the termination was in line with its zero-tolerance policy regarding safety violations and regulatory requirements.

Air India terminates pilot with immediate effect

In a statement, the Tata-owned airline said the pilot-in-command had tested positive for a psychoactive substance.

The airline said that, considering its zero-tolerance approach to violations related to safety, fitness and regulatory requirements, the pilot’s employment had been terminated with immediate effect.

Air India also said it continues to cooperate fully with the investigation into the incident and has provided access to relevant operational, maintenance and technical records.

What happened on the Phuket-Delhi flight?

According to the preliminary findings of the Aircraft Accident Investigation Bureau (AAIB), the Airbus A320 was carrying 145 people when it experienced the near-simultaneous loss of all three hydraulic systems while cruising at around 36,000 feet.

The technical failure resulted in the autopilot disconnecting and triggered a brief stall warning. The aircraft subsequently lost altitude, resulting in injuries to 24 passengers.

The preliminary report also noted that the pilot tested non-negative for a psychoactive substance in a confirmatory test.

However, the report did not establish that the pilot’s drug-test result caused or contributed to the hydraulic system failure or the subsequent loss of altitude.

AAIB recommends action over psychoactive substance finding

The AAIB described the confirmation of psychoactive substance use as a serious concern and recommended that the Directorate General of Civil Aviation (DGCA) take appropriate action against the pilot on priority.

The investigation into the technical and other aspects of the incident is still underway.

The preliminary report also noted that the co-pilot was flying the aircraft when the incident occurred and attempted to bring the situation under control.

Air India said safety remains its highest priority and that its pilots undergo training, proficiency checks, medical examinations and other regulatory assessments in accordance with applicable requirements.

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