Delhi HC Directs Preservation of Century-Old Banyan Tree

 The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) and the tree officer responsible to conduct an inspection and take necessary actions to ensure the preservation of a century-old banyan tree located in the Nai Sarak area of the capital.

A single bench of Justice Prateek Jalan was addressing a petition regarding unauthorized construction that caused damage to the tree, emphasized that even though the authorization for the construction in question had been revoked, the matter of preserving the tree still persisted.

The court stated, “The Tree Officer and MCD are directed to carry out a joint inspection at the site within one week from today, and to take further action as necessary to secure the preservation of the tree, estimated to be around 140-160 years old.”

“The Tree Officer and the relevant MCD officer should subsequently conduct inspections at least once every four weeks to ensure that the site is being maintained in a manner conducive to the preservation of the tree,” it added.

In an earlier order, the court had observed that the banyan tree had been “encased in concrete” and had endured “extensive cutting of its branches, prop-roots, and subterranean roots” due to the construction work.

“The photographs presented by the intervenor depict a distressing and ruthless mutilation and cutting of this majestic, ancient tree, a living entity that has silently witnessed the unfolding of history in the city of Delhi for the past three centuries. Apparently, the builder failed to recognize this priceless heritage within its premises,” the court lamented.

In an order passed earlier this month, Justice Jalan pointed out that, according to a report submitted by the tree officer, the inspection of the banyan tree revealed that digging had taken place approximately five to six feet from the ground level, which could harm the tree’s root system. Additionally, it was noted that the construction of a wall could potentially destabilize the tree’s root zone, and a substantial quantity of unattended iron guards/rods were found at the location.

The court further noted that while remedial measures had been initiated by the authorities, the platform around the tree had not been removed with consideration for the necessary support for the tree.