PRESERVATION OF TREES ACT

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-01072025-264253 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 187] DELHI, TUESDAY, JUNE 24, 2025/ASHADHA 3, 1947 [N. C. T. D. No. 105 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI DEPARTMENT OF FORESTS & WILDLIFE NOTIFICATION Delhi, the 6th June, 2025 DIRECTIONS TO TREE OFFICERS UNDER SECTION 33 OF THE DELHI PRESERVATION OF TREES ACT (DPTA), 1994 REGARDING SECTION 8 OF THE ‘DPTA, 1994' No.F.8(277)/Forest/TC/Sec-8(DPTA)/2025-26/3177:- In exercise of the powers conferred by Section 33 of the Delhi Preservation of Trees Act (DPTA), 1994, the Government of National Capital Territory of Delhi, in public interest, hereby, gives the following directions to Tree Officers, regarding Section 8 of the ‘DPTA, 1994'. Section 8 of the Delhi Preservation of Trees Act (DPTA), 1994 states the following: - “8. Restrictions on felling and removal of trees. -Notwithstanding anything contained in any other law for the time being in force or in any custom or usage or contract and except as provided in this Act or the rules made thereunder, no person shall fell or remove or dispose of any tree or forest produce in any land, whether in his ownership or occupancy or otherwise, except with the previous permission of the Tree Officer: Provided that if the tree is not immediately felled, there would be grave danger to life or property or traffic, the owner of the land may take immediate action to fell such tree and report the fact to the Tree Officer within twenty-four hours of such felling." In view of the above-mentioned proviso of Section 8 of the DPTA, 1994, an indicative list of general situations wherein the proviso of Section 8 of the DPTA, 1994 is unambiguously applicable, is given below for the guidance of Tree Officers: 1.1. If trees stand on or grow in the right of way of a road, bridge, underpass, over bridge, foot over bridge etc. in a manner that poses danger to life and property, obstructs free flow of traffic, affects structural safety and / or is detrimental to the safety of people, the owner or occupier of such land shall be able to remove / prune such trees immediately and inform the Tree Officer. 1.2. If tree stands on or grows on the right of way of a drain in a manner that hampers the flow of water, obstructs desilting of the drain and is detrimental to the safety of maintenance / cleaning personnel, the drain owning agency shall be able to remove / prune such trees immediately and inform the Tree Officer. 1.3. If trees stands on or grows in the right of way of a sewer line or on the sewer line itself, in a manner, that hampers the flow of sewer, obstructs desilting of the sewer line, damages the sewers line and / or is detrimental to the safety of maintenance / cleaning personnel, the sewer owning agency shall be able to remove / prune such trees immediately and inform the Tree Officer. 1.4. If tree falls within the precinct of a heritage building / structure or grows in a manner, that endangers its structural safety and hampers its restoration and / or is detrimental to the safety of maintenance / restoration personnel, the owner /agency shall be able to remove/prune such trees immediately and inform the Tree Officer. 1.5. If tree falls or grows in or on the precinct of any building residential / official / commercial etc., or extends into the Balconies / chhajas / walls etc. of the building in a manner, that endangers structural safety of the building / wall and / or threatens the safety of its inhabitants, the land owning agency / individual / RWAs in case of housing societies, after self-certification regarding ownership, shall be able to remove/prune such trees immediately and inform the Tree Officer. 1.6. If trees falls in the right of way of a Railway Track / Metro Installation in a manner, that hampers security, obstructs free flow of traffic, affect structural safety and/or is detrimental to the safety of people, the land- owning agency shall be able to remove/prune such trees immediately and inform the Tree Officer. 1.7. In case of dried up or dead trees, trees leaning in a precarious manner, being vulnerable to fall in the event of a storm or otherwise, the land-owning agency / individual shall be able to remove / prune such tree immediately and inform the Tree Officer. The requisite information must be reported to the concerned Tree Officer by the land-owning agency, individual, RWA etc., within 24 hours of the felling / cutting of such trees, as per Section 8 of the DPTA, 1994. This may be done by way of uploading a photograph of the tree from at least three different sides, along with geo- coordinates and the justification for felling, accompanied by another photograph after the execution, on the DPTA e- Forest Portal: https://dpta.eforest.delhi.gov.in. The Tree Officer shall accept it as compliance in accordance with proviso of Section 8 of the Act. The Tree Officer may also, suo motu, issue directions to the land-owning agency and shall take necessary action on their own if they notice any such dangerous tree during the course of inspection / routine field visits. These SOPs are intended only to facilitate bona fide action in the circumstances enumerated above. However, if at a later stage it is found that anyone has misused this provision, he / she will be liable for action under relevant forest laws. By Order and in the Name of the Lt. Governor of the National Capital Territory of Delhi, BIPUL PATHAK, Addl. Chief Secy. (Environment & Forests)