Chief Justice of India Sanjiv Khanna on Monday recused himself from hearing pleas related to the case on illegal felling of several hundred trees in the Delhi Ridge area. Earlier, a bench headed by the then CJI DY Chandrachud, since retired, had sought a personal affidavit of Delhi Lieutenant Governor VK Saxena in the case which had also sought initiation of contempt proceedings against certain DDA officials.
The CJI, who was sitting on the bench with Justice Sanjay Kumar, said, “One thing I would like to point out that when I was the NALSA chairman, I had gone to Patna and with Delhi LG had toured jails there. So, it will not be appropriate for me to hear the plea…”. The bench ordered the listing of the pleas before a bench of which the CJI is not part in the week commencing November 27.
A lawyer pointed out that there were orders passed by two other benches.
“We know,” the CJI responded. On November 7, the top court had asked the Delhi Development Authority (DDA) about the measures undertaken to restore the Delhi Ridge area, where several hundred trees were allegedly felled illegally, and sought the extent of plantation done by the authorities.
The bench had said it would introduce a monitoring system to ensure planted trees were surviving. It had wondered if any independent mechanism was in place to ascertain the number of trees planted. The bench had asked the DDA counsel and the petitioner to inform it about the status of trees felled, consequential actions and the monitoring mechanism.
However, the then CJI-led bench did not pass any order on November 8, the last working day of Justice Chandrachud.
The ridge is an extension of Aravalli Hill range in Delhi and is a rocky, hilly and forested area.