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Controversy between two senior Supreme Court Benches, CJI had to intervene

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Chief Justice of the country DY Chandrachud will now hear the controversy created by issuing a contempt notice to the Delhi Development Association (DDA) in the matter of indiscriminate felling of trees in New Delhi. This dispute was decided by the Supreme Court’s senior judge B.R. Gavai and Justice A.S. Ocani was created between the benches. During June-July, Justice A.S. A bench of Oka and Justice Ujjwal Bhuiyan issued a contempt notice to Delhi Development Authority officials for cutting down 422 trees in Delhi’s ridge area. Along with this, the bench observed that the Delhi government has shown insensitivity towards environmental protection in the national capital. The court also slammed the government for allowing the Delhi Development Authority to cut 422 trees in the Southern Ridge Reserve Forest Area for road construction. The bench also took strict action against the vice chairman of the DDA. On the other hand, a suit was filed against the vice chairman of the DDA in a case of alleged felling of 1,100 trees in the ridge area for a road widening project. Considering that, a similar contempt case was already being heard in the Supreme Court by a three-judge bench headed by Justice BR Gavai. Justice BR. A second bench headed by Gawai had on July 24 questioned the judicial propriety of the Justice Okani bench issuing a notice considering the contempt petition and asked to what extent the decision by this bench should be pronounced when another bench of the Supreme Court is hearing the same case. Is it right? A bench headed by Justice Gavai said, “When one bench is hearing a petition relating to contempt proceedings, should another bench initiate contempt proceedings?” A fresh controversy broke out in the Supreme Court over the question of Justice Gawai’s judicial competence.

The Chief Justice of India intervened:
As the controversy escalated, Chief Justice Chandrachud had to intervene in the case and the case, which was being heard by a bench headed by Justice Oka, was transferred to a three-judge bench comprising Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra headed by the CJI. A bench headed by the CJI will rule on a contempt petition seeking action against the DDA for felling trees related to the construction of a hospital for the Central Armed Paramilitary Forces and a road for the SAARC University at Satbari.

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