Judicial infrastructure to grow with green safeguards

In a decision balancing infrastructural necessity with ecological prudence, the Delhi High Court has permitted the transplantation of 26 trees located within the premises of the Supreme Court of India, a move crucial to the execution of a long-awaited expansion project.

The judicial greenlight clears the way for the Central Public Works Department (CPWD) to proceed with developing additional courtrooms, including a dedicated Constitutional Court, along with essential chambers and facilities for lawyers and litigants, on the condition that strict sustainability safeguards are maintained. The Court’s approval, granted on March 26, came after the CPWD submitted that the trees were situated along the excavation line of the construction site and could not be retained in their current location. The project, titled ‘Expansion of Supreme Court Building’, is considered essential for enhancing the operational capacity of the country’s highest court, which is currently facing spatial limitations amid growing judicial demand. As a compensatory ecological measure, 260 trees are to be planted, primarily in the vicinity of the top court, with part of this reforestation effort already completed at Sunder Nursery, a key urban biodiversity zone in the capital.

However, this judicial nod is far from a blanket clearance. The High Court, while mindful of Delhi’s fragile green cover, imposed a series of accountability mechanisms to ensure ecological compliance and transparency. It mandated that annual affidavits be filed detailing the survival and health of both the transplanted and compensatory trees. It also directed that photographic evidence of the transplantation process be submitted to Amici Curiae — senior advocates appointed to oversee the case — to ensure that past instances of negligent pruning, which rendered transplanted trees nonviable, are not repeated.

Highlighting a systemic concern, the Court expressed dismay over earlier transplantation exercises that resulted in trees being reduced to logs incapable of revival due to aggressive trimming practices. To address this, the Forest Department’s Tree Officer has been tasked with deploying responsible personnel on-site during pruning to supervise the operation. The Deputy Conservator of Forests and Delhi’s Chief Secretary are also required to file affidavits, reinforcing institutional responsibility.

The CPWD had previously sought approval from the Forest Department for the project, but was redirected to obtain consent from the High Court, which is actively monitoring cases involving the capital’s green footprint. The judiciary’s intervention in this matter not only reflects the increasing significance of environmental considerations in infrastructure planning but also reaffirms the importance of judicial oversight in matters where ecological and developmental priorities intersect.

While the transplantation of 26 trees may seem inconsequential in numerical terms, the court’s insistence on annual reports and procedural rigor indicates a growing recognition that urban expansion cannot come at the unchecked cost of nature. As Delhi battles pollution, urban heat, and shrinking green lungs, the judiciary’s cautious approach could set a precedent for infrastructure projects across Indian metros that are struggling to balance growth with environmental sustainability.

Judicial infrastructure to grow with green safeguards