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Notification exempting a specified area from section 9(3) of the Delhi Preservation of Trees Act, 1994 to permit tree felling/transplantation for construction of the Common Central Secretariat Building 10, subject to compensatory plantation and transplantation conditions.

Detailed Summary

The Department of Forests and Wildlife, Government of NCT of Delhi, under notification F.03/WFD/COT/23-24/dcfpm/190-198 dated 1 September 2023, exercising powers under section 29 of the Delhi Preservation of Trees Act, 1994 (Delhi Act 11 of 1994), exempts an area of 1.7765 hectares at Plot No. 138, Ashoka Road, New Delhi from sub-section (3) of section 9 of the Act for construction of Common Central Secretariat Building 10, involving a total of 132 trees at the site, of which 107 are to be transplanted and 1,070 saplings (ten times the transplanted count) planted as compensatory plantation at NTPC Eco Park, Badarpur, New Delhi, over 15,350 sqm, with transplantation of the 107 trees carried out over 3,000 sqm; the Central Public Works Department, as User Agency, must deposit Rs. 60,99,000 (at Rs. 57,000 per tree, comprising a refundable Rs. 53,03,455 and non-refundable administrative/contingency charges of Rs. 7,95,545) as security for a seven-year maintenance period, forfeitable on non-compliance; conditions require submission of a detailed plantation schedule under section 12 of the Act, statutory clearances before removal, completion of transplantation within six months, compliance with the Tree Transplantation Policy, 2020, minimum three-year maintenance by the same transplantation agency, auctioning of timber proceeds as government revenue, and completion of transplantation and transport within 90 days, with action under section 12 of the Act if conditions are breached; the order is issued by A.K. Singh, Principal Secretary (Environment & Forests), in the name of the Lt. Governor of the National Capital Territory of Delhi.

Full Text

5633 DG/2023 (1) रजिस्ट्री सं. डी.एल.- 33002/99 REGD. No. D. L. -33002/99 EXTRAORDINARY PUBLISHED BY AUTHORITY PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI (1) (2) (3) (4) (5) No. 273] DELHI, FRIDAY, SEPTEMBER 1, 2023/ BHADRA 10, 1945 [N. C. T. D. No. 212 GOVERNMENT OF INDIA SG-DL-E-02092023-248514 2 DELHI GAZETTE : EXTRAORDINARY PART IV] (1) (2) (3) (4) (5) 4 DELHI GAZETTE : EXTRAORDINARY PART IV] DEPARTMENT OF FORESTS AND WILDLIFE NOTIFICATION Delhi, the 1st September, 2023 F.03/WFD/COT/23 -24/dcfpm/190 -198.—In exercise of the powers conferred by section 29 of the Delhi Preservation of Trees Act, 1994 (Delhi Act 11 o f 1994), the Lt. Governor of National Capital Territory of Delhi, hereby, in public interest ex empts an area of 1.7765 ha for Construction of Common Central Secretariat Building 10, Plot No. 138, Ashoka Road, New Delhi from the provision of sub -section (3) of section 9 of the said Act. Name of the Project Total Number of trees at the project site Number of trees Compensatory Plantation by User Agency (Number of trees) Transplantation Total (1) (2) (3) (4) (5) Construction of Common Central Secretari at Building 10, Plot No. 138, Ashoka Road, New Delhi. Total 132 107 107 1070 The said exemption is subject to fulfillment of the following conditions: - S.N. Location of Compensatory plantation. Number of saplings to be planted Total Amount including other Administrative expenses and contingency charges (in Rs.). To be Deposited with Forest Division. (1) (2) (3) (4) (5) (a) Compensatory Plantation of 1070 number of tree saplings (10x 107=1070, i.e., ten times the number of tree s permi tted for transplantation of trees) consisting of species of Neem, Amaltas, Peepal, Pilkhan, Gular, Bargad, Desi Kikar and Arjun along with other native species shall be carried out by User Agency at NTPC Eco park Badarpur, New Delhi in 15350 sqm. a rea. 60,99,000 /- Tree Officer / Deputy Conservator of Forests ( West ) (b) Transplantation of 107 numbers of trees which are standing on site shall be done by User Agency with their own funds at NTPC Eco park Badarpur, New Delhi over an are a of 3000 sqm. TERMS & CONDITIONS 1. Central Public Works Department (CPWD) herein referred to as User Agency , shall make an advance deposit of an amount of Rs 60,99,000 /- (Sixty Lakh Ninety Nine Thousand Only , i.e., /- @ Rs. 57000/ - per tree) (Refundab le amount - Rs. 53,03,455 /- Rupees ( Fifty Three Lakh Three Thousa nd Four Hundred Fifty - Five Only ) and Administrative charges and contingencies - Rs. 7,95,545/ -Rupees (Seven Lakh Ninety Five Thousand Five Hundred Forty Five Only )) towards security deposit for creation and maintenance of compensatory plantation for a period of Seven (7) years and the same shall be forfeited and utilized for plantation by the Forest Department if terms and conditions mentioned at 2, 3 & 4 are not followed by User Agency . 2. The con ditions required to be fulfilled before starting transplantation of trees by User Agency: - a. Detailed plantation schedule shall have to be submitted by User Agency to concerned Tree Officer / Deputy Conservator of Forests in compliance with Section -12 of De lhi Preservation of Trees Act, 1994. b. User Agency shall submit a detailed plan for site preparation and plantation. c. The User Agency shall ensure that there is no pending litigation or stay order passed by any court of law/ other authority before undertaking felling/ transplantation of trees. d. Before the removal of trees from the site is commenced, all requisite statutory clearances shall necessarily be obtained by the User Agency. e. It should be ensured by the User Agency that all the conditions mentioned in Fo rest clearance and other clearances, if any obtained, shall be followed scrupulously. 3. The conditions required to be fulfilled during the transplantation of trees: - a. Transplantation of trees shall be initiated immediately after conditions in point no. 2 is satisfied and should be completed not later than six (06) months of such date, after which a completion report has to be submitted to the concerned Tree Officer /Deputy Conservator of Forests. The spacing of the transplantation of trees shall not be less tha n 4 meter (point to point) at transplantation site. b. All the conditions mentioned in Tree Transplantation Policy , 2020 shall be followed scrupulously by User Agency. c. User Agency shall maintain the transplanted trees for minimum three years by engaging the s ame transplantation agency which has carried out the transplantation. d. The progr ess report of transplantation shall be submitted to concern ed Tree Officer / Deputy Conservator of Forests a long with complete details of trees by the User Agency. e. If any tree i s found to have nest of birds it should not be felled / transplanted till the same is abandoned by the birds. f. Transplantation / felling of any tree apart from 107 trees by User Agency shall constitute an offence under Delhi Preservation of Trees Act (DPTA) , 1994. g. The timber obtained from removal of trees shall be auctioned and proceeds shall be deposited as revenue to the Government account by the User Agency. h. The lops & tops of the trees shall be sent / supplied to the nearest crematorium free of cost and the same should be reported to concerned Tree Officer / Deputy Conservator of Forests by User Agency. i. Before shifting of timber, if any, from site of removal of trees, permission for transportation of the said wood shall be obtained from the concerned Tree Officer / Deputy Conservator of Forests by User Agency. j. Transplantation of trees and transportation of forest produce arising there from to the public crematorium shall be completed within 90 days. k. The User Agency shall ensure that the plan of this propo sal shall not be changed. l. It should be ensured by the User Agency that all the conditions mentioned in forest clearance and other clearances, if any obtained, shall be followed scrupulously. m. All activities as submitted under approved Tree Preservation Plan should be followed scrupulously. n. It must be ensured that all provisions under section 4 (6 -b) of Tree Transplantation Policy, 2020 have been followed and details of the same should be submitted to the Tree Officer / Deputy Conservator of Forests concerned . 6 DELHI GAZETTE : EXTRAORDINARY PART IV] o. User Agency must ensure that, for all transplanted trees that do not survive indigenous tree species with 15 feet height and at least 6 inch diameter is planted in 1:5 ratio. The excess land required should be provided by User Agency & plantation has to be done at own cost. 4. The conditions required to be fulfilled for considering successful plantation & release of Security Deposit by the Tree Officer / Deputy Conservator of Forests :- a. 100% Compensatory Plantation of 1070 saplings of native species shall be raised and maintained by User Agency for Seven years and monitored till its successful establishment as mentioned on table above. b. 1070 tree saplings of indigenous species 6 -8 feet height shall be planted as compensatory plantation in ratio of 1:10 on no n-forest land in lieu of transplantation 107 no. of trees. The plantation shall be done by following site specific plantation techniques with additional measures on identified land within three months of issue of tree removal permission and maintenance for n ext Seven (7) years shall be carried out there after by User Agency with their own funds. c. If the User Agency fails to successfully raise compensatory plantation. The User Agency shall also deposit extra site improvement expenses which may be required to ma ke the site suitable for plantation as calculated by Tree Officer / Deputy Conservator of Forests concerned (as deposits). d. The land over which compensatory plantation / Tree transplantation raised shall not be utilized for other purpose without the appro val of the Government. e. User Agency shall maintain plantation journals as prescribed by Department of Forests and Wildlife, Government of NCT of Delhi and a copy of the same shall be submitted to the concerned Tree Officer / Deputy Conservator of Forests at the end of every financial year. A copy of format is available in https://dpta.eforest.delhi.gov.in . f. Land Owning agency shall ensure that there is no encroachment in area proposed for compensatory plantati on/ transplantation. g. The User Agency shall implement the improved soil moisture conservation activities on compensatory plantation/ transplantation site. h. The User Agency shall ensure that the plan of this proposal shall not be changed. 5. If any of the above condition is not fulfilled by the User Agency, concerned Tree Officer/ / Deputy Conservator of Forests shall initiate action as per Section 12 of Delhi Preservation of Trees Act, 1994. 6. Permission for transplantation of 107 numbers of tress is being granted to the User Agency at their own risk and without prejudice the claim(s) of any other person(s) who may be having any right(s) over the land or the trees . By Order and in the Name of the Lt. Governor of National Capital Territory of Delhi , A.K. SINGH , Principal Secretary (Environment & Forests ) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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