Who can act when a tree becomes dangerous? As Delhi sees recurring incidents of storm-related tree falls ahead of the monsoon season, the Forest department issued an order for various agencies — including civic bodies, discoms, police and other authorities — on June 11 following a High Court stay last month on the department’s June 2025 tree-removal notification. At present, the department’s emergency powers under the Delhi Preservation of Trees Act, 1994, remain in operation.

In its circular, the department referred to the Delhi High Court’s May 29 order and said the “effect and operation” of the June 6, 2025, notification would be stayed till the next date of hearing on July 7, while shedding light on the use of emergency powers. The circular has been sent to a wide set of agencies and officials, including Delhi Police, DDA, MCD, NDMC, PWD, NHAI, CPWD, Delhi Jal Board, DMRC, DTC, discoms, district magistrates and all principal secretaries, secretaries and heads of departments of the Delhi government.

The stayed notification had been issued under Section 33 of the Delhi Preservation of Trees Act, 1994, giving directions to Tree Officers on how Section 8 of the Act should be applied. It listed situations in which trees could be removed or pruned immediately and the Tree Officer informed later, including cases involving roads, drains, sewer lines, buildings, railway tracks, metro installations, dead trees and trees leaning precariously or vulnerable to falling during a storm.

The High Court, however, raised concern over its scope. In its order, the Court observed that the notification “seems to suggest that the respondents are permitted to cut the trees which come in the way of developmental work” and that it showed “there are no safeguards available and/or requirement to apply mind to seek alternatives before cutting of trees.” The HC had said the notification appeared to be an “overreach” of earlier court orders.”

But this does not mean that dangerous trees must remain untouched during storms or emergencies. Section 8 of the Delhi Preservation of Trees Act bars felling or removal of trees without prior permission of the Tree Officer, but contains an emergency exception.

The provision says that if a tree is not immediately felled and there would be “grave danger to life or property or traffic,” the landowner may take immediate action and report the fact to the Tree Officer within 24 hours. Under Section 9, any person who wants to fell, cut, remove or otherwise dispose of a tree must apply to the Tree Officer concerned.

The application has to include ownership documents, the number and kind of trees proposed to be cut, girth measurement at 1.85 metres from ground level, reasons for cutting, and a copy of the sajra showing the site and khasra numbers.

After receiving the application, the Tree Officer may conduct an inspection and inquiry. The officer can then grant permission fully, grant it partly, or refuse permission with reasons recorded in writing.

Section 9 also says permission may not be refused in certain cases, including where the tree is dead, diseased, wind-fallen, dangerous to life or property, obstructing traffic, substantially damaged by fire, lightning, rain or other natural causes, or required in rural areas for bona fide domestic or agricultural use.

The Tree Officer must decide within 60 days from receiving the application. If the officer does not communicate a decision within that period, permission under Section 8 is deemed to have been granted.

This means that where there is no immediate grave danger requiring emergency action under Section 8, agencies, RWAs and landowners can still secure permission under Section 9.