LexBINDU KAPUREA versus SUBHASHISH PANDA & ORS.
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[2025] 5 S.C.R. 2764 : 2025 INSC 784 Bindu Kapurea v. Subhashish Panda & Ors. (Contempt Petition (Civil) Diary No. 21171 of 2024 In Writ Petition (Civil) No. 4677 of 1985 With SMC (Crl.) No. 02 of 2024) 28 May 2025 [Surya Kant* and Nongmeikapam Kotiswar Singh, JJ.] Issue for Consideration Whether unauthorised tree felling and construction in the Delhi Ridge Forest without requisite permissions as directed by the Supreme Court in its orders in M.C. Mehta v. Union of India constitute wilful disobedience. Whether the omission to disclose during a hearing that tree felling had already commenced on an earlier date, while the relevant application remained pending, constitutes wilful disobedience that obstructed the administration of justice. If the breach by the Respondents is wilful and deliberate, what are the remedial and corrective measures that must be undertaken by them to purge the contempt. Headnotes† Constitution of India – Art 129 – Contempt of Courts Act, 1971 – Supreme Court is vested with inherent powers to punish contempt – Admitted position that no permission had been granted by the Court for felling of trees in the Delhi Ridge area – Amounting to non-compliance of Court’s order dated 09.05.1996 – Omission to disclose during hearing on 04.03.2024 that tree felling had commenced on 16.02.2024, while the relevant application remained pending – Constitutes wilful disobedience on part of Respondents – Resulting in contempt of Court’s orders – Contempt Petition disposed of with directions. * Author [2025] 5 S.C.R. 2765 Bindu Kapurea v. 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] Case Law Cited M.C. Mehta v. Union of India, W.P. (C) No. 4677/1985, Order dated 09.05.1996; T.N. Godavarman Thirumulpad v. Union of India [2024] 1 SCR 1194 : W.P. (C) No. 202/1995 – referred to. 2766 [2025] 5 S.C.R. Supreme Court Reports List of Acts Contempt of Courts Act, 1971; Constitution of India; Forest (Conservation) Act, 1980; Delhi Preservation of Trees Act, 1994; Bharatiya Nagarik Suraksha Sanhita, 2023. List of Keywords Contempt; Ridge Forest; Tree felling; Environmental governance; Rule of law; Public accountability; Forest clearance; Urban ecology; Compensatory afforestation; Directions to purge; Compensatory afforestation; Public interest; Ecological restoration; Native species; Administrative accountability; Departmental act
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