The Delhi High Court has stayed the operation of a Standard Operating Procedure (SoP) issued by the Delhi Government last year permitting “general tending and light pruning” of tree branches having girth less than 15.7 cm without prior permission from the Tree Officer.

Justice Jasmeet Singh observed that the SOP was contrary to an earlier binding judgment of the Court.

The Court said that the notification dated May 2, 2025, issued under Section 33 of the Delhi Preservation of Trees Act, 1994 sought to undo the Court's 2023 ruling in Prof. Dr. Sanjeev Bagai & Ors. v. Department of Environment, Govt. NCT of Delhi & Ors., which had already held that no such exemption could be granted under the statute.

The Court was hearing a contempt petition filed by Bhavreen Kandhari against officials of the Delhi Government.

The impugned SoP stated that no permission from the Tree Officer would be required for “general tending and light pruning” where the branches to be pruned had girth below 15.7 cm. It further allowed government agencies to undertake pruning in public spaces “irrespective of the girth” in cases where trees posed danger to life, property or traffic, subject to supervision by senior horticulture officers.

Perusing the same, the Court observed that the notification was “in teeth of the judgment dated 29.05.2023 which has attained finality and is binding on the respondents.”

In the judgment in question, a coordinate bench had has set aside the Delhi Government's Guidelines permitting regular pruning of branches of trees with girth upto 15.7 cm without prior permission of the Tree Officer. It had said that the only permission that can be granted for pruning is under section 9 of Delhi Preservation of Trees Act, 1994.

“By virtue of the said notification, the respondent is undoing the judgment dated 29.05.2023 which to my mind cannot be so done,” the Court said while staying the operation of the SoP till the next date of hearing.

The Court granted four weeks' time to the respondents to file their response affidavit and listed the matter for hearing on July 20.

Title: BHAVREEN KANDHARI v. VIJAY KUMAR BIDHURI AND ORS

Citation: 2026 LiveLaw (Del) 479

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