BINDU KAPUREA versus SUBHASHISH PANDA & ORS.

BINDU KAPUREA versus SUBHASHISH PANDA & ORS.

The Court found that unauthorised felling of trees in the Delhi Ridge and the deliberate non-disclosure during court proceedings amounted to wilful disobedience and criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971; however, applying proportionality and considering overriding public interest in completion and use of CAPFIMS, the Court closed contempt proceedings and imposed restorative and supervisory measures including afforestation, ecological restoration under an independent Committee, periodic compliance reporting, environmental fees by responsible officials, and departmental disciplinary action.

Parties
Petitioner: Bindu Kapurea; Respondents: Subhashish Panda & Ors.
Jurisdiction
India
Judgment Date
28 May 2025
Procedural Posture
Contempt Petition (civil) Diary No. 21171 of 2024 in Writ Petition (civil) No. 4677 of 1985 / Judgment
Outcome
Contempt Petition disposed of; contempt proceedings closed with directions
Legal Topics
Tree Felling, Ridge Forest, Compensatory Afforestation, Contempt Proceedings, Public Interest, Ecological Restoration, Environmental Governance
Contempt of Courts Environmental Law Administrative Law Constitutional Law Forest Conservation Tree Felling Ridge Forest Compensatory Afforestation +4 more

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Parties

Bindu Kapurea

Petitioner

Subhashish Panda & Ors.

Respondents

Procedural Posture

Contempt Petition (civil) Diary No. 21171 of 2024 in Writ Petition (civil) No. 4677 of 1985 / Judgment

Legal Issues

  1. 1 Whether unauthorised tree felling and construction in the Delhi Ridge Forest without requisite permissions as directed in M.C. Mehta constitute wilful disobedience
  2. 2 Whether omission to disclose during a hearing that tree felling had already commenced while the relevant application remained pending constitutes wilful disobedience obstructing administration of justice
  3. 3 If breach is wilful and deliberate, what remedial and corrective measures must be undertaken to purge the contempt

Ratio Decidendi

The Court found that unauthorised felling of trees in the Delhi Ridge and the deliberate non-disclosure during court proceedings amounted to wilful disobedience and criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971; however, applying proportionality and considering overriding public interest in completion and use of CAPFIMS, the Court closed contempt proceedings and imposed restorative and supervisory measures including afforestation, ecological restoration under an independent Committee, periodic compliance reporting, environmental fees by responsible officials, and departmental disciplinary action.

Court Disposition

Contempt Petition disposed of; contempt proceedings closed with directions

Orders

  • DDA to undertake urgent and time-bound remedial measures under the supervision of the Court-appointed Committee (Shri Ishwar Singh, Shri Sunil Limaye and Shri Pradip Krishen) to be complied with within three months, including visiting and assessing suitability of the identified 185 acres for compensatory...
  • If Committee opines land suitable, initiate selection/shortlisting of native species, plantation methodology, survival monitoring and post-plantation maintenance; commence afforestation to maximise advantage of forthcoming monsoon.