Delhi's New Tree Protection SOP: Video Recording, Arrest Warrants for Illegal Cutting

The Delhi Forest Department has notified a new Standard Operating Procedure (SOP) to handle offences under the Delhi Preservation of Trees Act, 1994. The SOP, made available on the department's portal this month, details the step-by-step process from complaint to prosecution, including video recording of suspects, seizure of tools, and possible arrest warrants for those who skip summons.

Under the SOP, information about illegal tree cutting or damage can be reported through the dedicated portal, Green Helpline, written complaints, the Green Delhi App, or other Delhi government apps. Upon receiving information, the Range Officer or Range In-charge must register a First Offence Report under Section 22 of the Act. This report is then transmitted in real time to the Forest Control Room, division control room, Beat Officer, and the land-owning agency.

Quick Response Teams (QRTs) are required to maintain status quo at the site, stop the offence, and prevent further damage. They must take geo-referenced photographs, video-record suspected offenders, document tools and vehicles used, and record names and addresses. If a suspect refuses to provide details, gives false information, or is likely to abscond, the person may be taken to the Range Officer. The QRT must cordon the site until the Beat Officer, Deputy Range Officer, or Range Forest Officer arrives.

The SOP also outlines preventive measures for Beat Officers where an offence is apprehended. They must record geo-referenced photographs and coordinates of trees, especially when activities like digging or excavation near trees, visible deterioration of tree health, or construction barricading that blocks direct line of sight to trees are observed. In such cases, the land-owning agency, private owner, or occupier is informed, and a copy is sent to the local police station. A restraining order may be issued under Section 20 if there is reasonable apprehension of contravention of Section 8. Violation of such an order leads the Tree Officer to intimate the police under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

For offences underway or partly committed, officials must intervene, record evidence, inform the land-owning agency, and intimate the police in writing. The Tree Officer may seize tools, vehicles, or other material used, along with damaged tree parts. Inquiries consider evidence such as CCTV footage, local intelligence, eyewitness details, and statements. Complainants or informants are informed of hearing dates and given an opportunity to assist the Tree Officer.

Notices and summons are sent by registered post and email. If a suspected offender fails to appear, or a summoned witness fails to appear or produce documents, the Tree Officer may issue a warrant of arrest through the police station. Inquiries should preferably be concluded within two months of receiving the complaint. Written hearing orders must be sent free of charge to parties and uploaded on the dedicated website.

The SOP also provides for 24-hour control rooms, QRTs at headquarters and divisions, a complaint-lifecycle website, a headquarters legal cell, and prosecution cells. This new procedure aims to ensure swift and documented action against tree offences, strengthening enforcement of the Delhi Preservation of Trees Act.