The bench observed that based on facts presented before it on Tuesday, "it is clear that all the public authorities have failed to discharge their duties and statutory obligations. They have not only violated of various special statutes but also infringed their legal obligation arising out of the Environment Protection Act 1986. It is the obligation of the state to provide a healthy environment to the citizens and redress injuries to trees".
Based on the pictures carried in ToI report showing a DTC timetable hammered into a tree, the transport corporation has also been made party to the case as the 13th resopndent.
The court was hearing a case filed by Aditya Prasad against Union of India regarding de-concretization of trees and allied matters. It has directed all government authorities, specifically the three municipal corporations, Delhi Development Authority, DTC, Delhi Metro, National Highway Authority of India, director general of Central Public Works Department and chief engineer of the Delhi PWD to remove forthwith all boards, nails, advertisements and signs from trees in their respective areas and prosecute any person or agency whose board is found tacked to a tree.
The officials have also been asked to ensure that a space of 1m or as much is necessary is left around trees while tiling or concretizing. The bench said all such trees which are currently concretized should be freed up and no further tiling around trees should be permitted. It has made the vice-chairperson, commissioners, chief engineers, director generals and all senior-most officers of the respective organizations personally responsible for carrying out these orders.
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