Bindu Kapurea vs Subhashish Panda & Ors.

DDA proposed construction of two approach roads through the ecologically sensitive Southern Ridge and Morphological Ridge (3.6 ha) requiring felling of about 1,051 trees – CEC recommended approval subject to compliance – LG issued Gazette Notification dated 14.02.2024 granting exemption under the Delhi Preservation of Trees Act, 1994 – DDA began felling on 16.02.2024 while I.A. No. 40494/2024 was pending – Petitioner lodged complaint on 24.02.2024 after witnessing large-scale tree cutting – During hearing on 04.03.2024, DDA failed to disclose that tree felling had commenced – Around 1,670 trees ultimately felled without permission: Held: Non-disclosure and unauthorised felling constitute wilful and deliberate disobedience – Suppression of material facts during judicial proceedings amounts to interference with administration of justice – Conduct falls within ‘criminal contempt’ under Section 2(c), Contempt of Courts Act, 1971. [Paras 11–18] Public Interest – Health Infrastructure and Balance of Equities: Held: While finding clear contempt, Court undertook a proportionality analysis – Observed that contempt power must not be wielded vindictively but in furtherance of justice – Court considered overriding public purpose: CAPFIMS, a premier tertiary-care hospital for paramilitary personnel and veterans, provides life-saving services for forces stationed in remote areas and their families – Wider roads for emergency access were an imperative necessity – However, large-scale ecological harm to Delhi Ridge warranted strict remedial measures – Court held that though contempt was grave, punitive sanction would harm public interest and waste public resources since construction had become fait accompli – Adopted restorative approach: imposed costs, ordered afforestation and ecological restoration under independent supervision, mandated periodic compliance, and directed structural reforms in governance – Case illustrates judicial balancing between environmental protection and critical healthcare infrastructure while preserving the majesty of law. [Paras 19–28, 32, 33]