The Fact of the Case
In a matter of New Delhi Nature Society v. Rajesh Bansal PWD employees are guilty of contempt of court and willful disobedience of this Court’s orders. There had been a breach and disobedience of the Court Order and the orders of the National Green Tribunal, according to a plea made by Respondents PWD in accordance with the show-cause notice sent to them. PWD was obligated to make sure that such harm was avoided, and by failing to do so, it had contributed to the destruction of the trees. The Court pointed out that the PWD had repaved the area and built manholes around the trees.
Analysis of Court Decision
Despite many directives and decisions from the Court and the NGT regarding the protection of trees, according to the Delhi High Court Single Judge Bench of Justice Najmi Waziri, there has been a constant disregard for enforcing the same. Accordingly, the Court determined that the Respondents were each fined Rs. 2000 and given a simple imprisonment term of four and two months, respectively, under Section 12 of the Contempt of Courts Act, 1971.
To give them enough time to pursue any possible legal remedies, the court also ordered that the sentence be suspended for ten weeks beginning on the date the order was posted on the court’s website. The defendants must appear before the Registrar General of this Court to be taken into custody if this order is not changed or suspended after ten weeks have passed. The subject would then be listed again on 7/7/2023.