National Green Tribunal Case on Tree Felling
Summary
The National Green Tribunal (NGT) dismissed applications seeking permission for tree felling, stating such requests are not maintainable before the NGT under the relevant sections of the National Green Tribunal Act, 2010. The tribunal directed parties to supply necessary documents within specified timelines.
What changed
The National Green Tribunal (NGT) dismissed two applications (I.A. No. 99/2026 & 100/2026) filed by Smt. Lata Gupta and Smt. Preeti Gupta, which sought permission for felling trees to construct a home and directed the Forest Department to revive a prior application for tree felling. The NGT held that these specific applications were not maintainable under Section 18(2)(b), Section 16(e), or Section 15 of the National Green Tribunal Act, 2010, as these sections pertain to compensation for damages or appellate powers, not direct permission for tree felling.
This ruling clarifies that the NGT is not the appropriate forum for direct applications seeking permission to cut trees for private construction. Regulated entities or individuals requiring such permissions must follow the established procedures with the relevant forest departments. The NGT also granted the applicant's counsel an extension to file a rejoinder and directed the supply of an impleadment application (I.A. No. 98/2026) to all parties for their response.
What to do next
- Follow established procedures with forest departments for tree felling permissions.
- Ensure applications to the NGT are maintainable under relevant sections of the NGT Act, 2010.
Source document (simplified)
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Naharpur Residents Welfare ... vs Department Of Forest on 9 March, 2026
Item No. 10 Court No. 1
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 175/2021
(I.A. Nos. 98/2026, 99/2026, 100/2026, 101/2026, 204/2025,
370/2025, 753/2025 & 513/2024)
Naharpur Residents Welfare Association (Regd.) Applicant
Versus
Deputy Conservator of Forests and
Tree Officer (West) & Ors. Respondent(s)
Date of hearing: 09.03.2026
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Rajendra Kumar & Mr. Ashutosh, Advs. for Applicant (Through VC)
Respondents: Ms. Jyoti Mendiratta & Ms. Ananya Basudha, Advs. for DCF, North,
GNCTD
Mr. Gigi. C. George, Adv. for Delhi Police
Ms. Latika Malhotra, Adv. for DDA (Through VC)
Mr. Baldev Singh, Adv. in I.A. 98/2026 (Through VC)
ORDER 1. Learned Counsel for the applicant seeks further four weeks' time to
file the rejoinder. As of last opportunity, the prayer is allowed.
- I.A. No. 98/2026 has been filed by the applicant Smt. Kriti Gupta
and Smt. Lata Gupta seeking impleadment. The counsel for the applicant
in I.A. No. 98/2026 is directed to supply a copy of the I.A. to counsel for
all the concerned parties within three days, who will have an opportunity
to file reply to this I.A. within three weeks'.
- I.A. No. 99/2026 & 100/2026 have been filed by the applicant Smt.
Lata Gupta and Smt. Preeti Gupta praying for the following relief:
"In view of the above, it is most respectfully prayed that this Hon'ble
Tribunal may graciously be pleased to:
1
A. Allow the Present application for felling/cutting of trees, so that the
applicant can built her dream home over the said plot, as she is
ready to abide conditions as imposed by this Hon'ble Tribunal.
B. Issue urgent directions to the Respondent no.1 Forest Department
to revive the application no. 31091 dated 22/11/2025 filed before
Forest Department and allow the same so that proper procedure of
felling of trees can be initiated.Pass any other order or direction as this hon'ble tribunal may deem
fit and proper in the facts and circumstances of the case and in the
interest of justice."
4. These applications have been filed under Section 18(2)(b) read with Section 16(e) and 15 of the National Green Tribunal Act, 2010. None of
these provisions are attracted and such application seeking permission for
felling of trees before the NGT is not maintainable. Section 18(2)(b) relates
to the filing of application for relief of compensation in case damage is
caused to the property. Section 16 relates to the appellate power of the
Tribunal and Section 15 relates to the relief of compensation and
restitution, under none of these provisions the I.A. No. 99/2026 &
100/2026 can be maintained. IAs are accordingly dismissed as not
maintainable.
- I.A. No. 101/2026 was filed by the applicant seeking urgent hearing
of these IAs. Since the IAs are taken up today. Therefore, no further order
on I.A. No. 101/2026 is required to be passed which is accordingly
disposed of.
- List for hearing on 07.07.2026.
Prakash Shrivastava, CP
Dr. Afroz Ahmad, EM
March 09, 2026
Original Application No. 175/2021
(I.A. Nos. 98/2026, 99/2026, 100/2026, 101/2026, 204/2025,
370/2025, 753/2025 & 513/2024)
PS. 2
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