Land exemption

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-06022024-251853 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 47] DELHI, MONDAY, FEBRUARY 5, 2024/MAGHA 16, 1945 [N. C. T. D. No. 417 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI DEPARTMENT OF FORESTS AND WILDLIFE NOTIFICATION Delhi, the 1st February, 2024 F. No. 54/CFD/TC/Felling/OnlineId-15283/2023-24/7808-15.—In exercise of the powers conferred by section 29 of the Delhi Preservation of Trees Act, 1994 (Delhi Act 11 of 1994), the Lt. Governor of National Capital Territory of Delhi, hereby, in public interest exempts an area of 4.8834 ha for construction of inter-Disciplinary Academic and Research Building of Eminence, Academic Building for faculty of Technology, Library Building and Computer Centre at North Campus, Delhi University, New Delhi from the provision of sub-section (3) of section 9 of the said Act. +-----+---------------------------------------+----------+------------------+-------+--------------------------------+ | No. | Name of the Project | Total No.| Number of trees | Compensatory Plantation by | | | | of trees +------------------+-------+ User Agency (Number of trees) | | | | at site | Transplantation | Total | | +=====+=========================================+==========+==================+=======+==================================+ | (1) | Construction of inter-Disciplinary | 321 | 252 | 15 | 2670 +100 (additionally) | | | Academic and Research Building of | | | | | | | Eminence, Academic Building for faculty | | | | | | | of Technology, Library Building and | | | | | | | Computer Centre at North Campus, Delhi | | | | | | | University, New Delhi. | | | | | +-----+---------------------------------------+----------+------------------+-------+--------------------------------+ | | Total | 321 | 252 | 15 | 2670 | +-----+---------------------------------------+----------+------------------+-------+--------------------------------+ The said exemption is subject to fulfillment of the following conditions:- +-----+-----------------------------------------------------------------+----------+---------------------+---------------------+ | Sl. | Location of Compensatory plantation. | Number of| Total Amount | To be Deposited | | No. | | saplings | including other | with Forest | | | | to be | Administrative | Division. | | | | planted | expenses and | | | | | | contingency charges | | | | | | (in Rs.). | | +=====+===================================================================+==========+=====================+======================+ | (a) | Compensatory Plantation of 2670 number of tree saplings | 2770 | 1,57,89,000 /- | Tree Officer / | | | (10x267=2670, i.e., ten times the number of trees permitted for | | | Deputy Conservator | | | transplantation of trees) consisting of species of Neem, Amaltas, | | | of Forests | | | Peepal, Pilkhan, Gular, Bargad, Desi Kikar and Arjun along with | | | (Central) | | | other native species shall be carried out by User Agency at | | | | | | University of CAMPUS Shahbad Daulatpur, Bawana, Delhi in 24120 | | | | | | sqm. area. | | | | +-----+-----------------------------------------------------------------+----------+---------------------+----------------------+ | (b) | Transplantation of 252 numbers of trees which are standing on site shall be done by User Agency with their | | | own funds at University of CAMPUS Shahbad Daulatpur, Bawana, Delhi over an area of 4080 sqm. | +-----+---------------------------------------------------------------------------------------------------------+ TERMS & CONDITIONS 1. University of Delhi herein referred to as User Agency, shall make an advance deposit of an amount of Rs 1,57,89,000 /- (One Crore Fifty Seven Lakh Eighty Nine Thousand Only, i.e., /- @ Rs. 57000/- per tree) (Refundable amount- Rs. 1,37,29,505/- Rupees (One Crore Thirty Seven Lakh Twenty Nine Thousand Five Hundred Five Only) and Administrative charges and contingencies- Rs. 20,59,495/-Rupees (Twenty Lakh Fifty Nine Thousand Four Hundred Ninety 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 conditions required to be fulfilled before starting transplantation/felling 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 Delhi 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 Forest clearance and other clearances, if any obtained, shall be followed scrupulously. 3. The conditions required to be fulfilled during the transplantation/felling 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 than 4 meter (point to point) at transplantation site. b. The heritage banyan (Bargad) tree number 1 (at Computer Center) having girth of 550 cm shall be transplanted at nearby project site and extra care shall be given by the User Agency to ensure survival of this specific tree. c. All the conditions mentioned in Tree Transplantation Policy, 2020 shall be followed scrupulously by User Agency. d. User Agency shall maintain the transplanted trees for minimum three years by engaging the same transplantation agency which has carried out the transplantation. e. The transplantation shall be carried out prior to felling of 15 number of trees permitted herein. The 15 trees shall be removed / felled after successful transplantation of 252 trees and submission of compliance certificate to concerned Tree Officer / Deputy Conservator of Forests f. The progress report of transplantation / felling shall be submitted to concerned Tree Officer / Deputy Conservator of Forests along with complete details of trees by the User Agency. g. If any tree is found to have nest of birds it should not be felled / transplanted till the same is abandoned by the birds. h. Transplantation / felling of any tree apart from 267 trees by User Agency shall constitute an offence under Delhi Preservation of Trees Act (DPTA), 1994. i. 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. j. 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. k. 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. l. Transplantation / felling of trees and transportation of forest produce arising there from to the public crematorium shall be completed within 90 days. m. The User Agency shall ensure that the plan of this proposal shall not be changed. n. 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. o. All activities as submitted under approved Tree Preservation Plan should be followed scrupulously. p. 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. q. 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 2670 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. 2670 tree saplings of indigenous species 6-8 feet height shall be planted as compensatory plantation in ratio of 1:10 on non-forest land in lieu of transplantation / felling 267 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 next Seven (7) years shall be carried out there after by User Agency with their own funds. c. Additionally 100 tree saplings of indigenous species 6-8 feet height shall be planted as compensatory plantation in the Delhi University campus near proposed Faculty of Engineering building on account of all trees being removed from the site. 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 next Seven (7) years shall be carried out there after by User Agency with their own funds. d. 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 make the site suitable for plantation as calculated by Tree Officer / Deputy Conservator of Forests concerned (as deposits). e. The land over which compensatory plantation / Tree transplantation raised shall not be utilized for other purpose without the approval of the Competent Authority. f. 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. g. Land Owning agency shall ensure that there is no encroachment in area proposed for compensatory plantation/ transplantation. h. The User Agency shall implement the improved soil moisture conservation activities on compensatory plantation/ transplantation site. i. 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 / felling of 267 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 Secy. (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.