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Core Purpose

Notification under Section 29 of the Delhi Preservation of Trees Act, 1994 exempting the Air Force Station, Tughlakabad from Section 9(3) of the Act to permit transplantation and felling of trees for the MRSAM project, subject to compensatory plantation and security deposit conditions.

Detailed Summary

This notification issued by the Department of Forests and Wildlife, Government of the National Capital Territory of Delhi (F.No.9000/TO(S)/TC-Felling/2022-23/3235-42, dated 4th August 2023) exercises powers under section 29 of the Delhi Preservation of Trees Act, 1994 (Delhi Act 11 of 1994) to exempt, in the public interest, an area of 2.1487 hectares required for construction of a building for the MRSAM (Medium Range Surface to Air Missile) project at Air Force Station, Tughlakabad, New Delhi, from the restriction in section 9(3) of the Act, permitting transplantation of 33 trees and felling of 181 trees (214 trees in total) out of 2972 trees at the site, on condition of a compensatory plantation of 2140 saplings (ten times the number of trees permitted for removal) of species including Neem, Amaltas, Peepal, Pilkhan, Gular, Bargad, Desi Kikar and Arjun. The exemption requires the User Agency (Air Force Station, Tughlakabad) to deposit an advance security of Rs. 1,21,98,000 (at Rs. 57,000 per tree), comprising a refundable component of Rs. 1,06,06,910 and administrative/contingency charges of Rs. 15,91,090, for a seven-year compensatory-plantation maintenance period, to be forfeited if conditions are breached. Compensatory plantation of the 2140 saplings on 3.72 hectares of forest land at Tughlakabad is to be carried out by the South Forest Division on the User Agency's behalf, while transplantation of the 33 standing trees is to be carried out by the User Agency at its own cost at the Vayusena Vihar Pocket of the same depot. Detailed terms and conditions govern the schedule and sequencing of transplantation/felling, compliance with the Tree Transplantation Policy, 2020 and Section 12 of the Act, timber auction proceeds, litigation clearance, and release of the security deposit upon successful establishment of the plantation over seven years. The order is issued by and in the name of the Lt. Governor of the National Capital Territory of Delhi and signed by A.K. Singh, Principal Secretary.

Full Text

5073DG/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 fnYyh]4 vxLr] 2023 No. 247] DELHI, MON DAY, AUGUST 7, 2023/ SHRAVANA 16, 1945 [N. C. T. D. No. 182 GOVERNMENT OF INDIA SG-DL-E-08082023-247911 2 DELHI GAZETTE : EXTRAORDINARY PART IV] (1) (2) (3) (4) (5) (6) योग 2972 33 181 214 2140 (1) (2) (3) (4) (5) 4 DELHI GAZETTE : EXTRAORDINARY PART IV] jk"Vªh; jkt/kkuh {ks= fnYyh ds mijkT;iky ds vkns'k ls vkSj muds uke ij] DEPARTMENT OF FORESTS AND WILDLIFE NOTIFICATION Delhi , the 4th August, 2023 F.No.9000/TO(S)/TC -Felling/2022 -23/3235 -42 :—In exercise of t he powers conferred by sect ion 29 of the Delhi P reservation 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 2.1487 ha for construction of Building for MRSAM ( Medium Range Surface to Air Missile) project at Air Force Station, Tughlakabad, 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 Felling Total (1) (2) (3) (4) (5) (6) Construction of Building for MRSAM (Medium Range Surface to Air Missile) project at Air Force Station, Tughlakabad, New Delhi. Total 2972 33 181 214 2140 The said exemption is subject to fulfillment of the following conditions: — SN Location of Compensatory plantation. Number of saplings to be planted Total Amount including other Administrative expenses and conti ngency charges (in Rs.). To be Deposited with Forest Division. (1) (2) (3) (4) (5) (a) Compensatory Plantation of 2140 number of tree saplings (10x214=2140, i.e., ten times the number of trees permitted for transplantation / felling of trees) consistin g of species of Neem, Amaltas, Peepal, Pilkhan, Gular, Bargad, Desi Kikar and Arjun along with other native species shall be carried out by South Forest Division on behalf of User Agency at Tughlakabad on Forest Land in 3.72 ha. area. 1,21,98, 000 / - Tree Officer / Deputy Conservator of Forests (South) (b) Transplantation of 33 number of trees which are standing on site shall be done by User Agency with their own funds at Vayusena Vihar Pocket of the same depot over an area of 3.72 ha. TER MS & CONDITIONS 1. Air Force Station, Tughlakabad herein referred to as User Agency , shall make an advance deposit of an amount of Rs 1,21,98,000 /-/- (One Crore Twenty One Lakh Ninety Eight Thousand Only , i.e., /- @ Rs. 57000/ - per tree) (Refundable amount - Rs. 1,06,06,910 /- Rupees (One Crore Six Lakh Six Thousand Nine Hundred Ten Only) and Administrative charges and contingencies - Rs. 15,91,090/ - Rupees (Fifteen Lakh Ninety One Thousand Ninety 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 fulfi lled 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 o f Trees Act, 1994. 6 DELHI GAZETTE : EXTRAORDINARY PART IV] 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/ transp lantation 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 cle arance a nd 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 satisf ied 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 l ess than 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 same transplantation agency which has carried out the transplantation. d. The transplantation shall be carried out prior to felling of 181 numbers of trees permitted herein. The 181 trees shall be removed / felled after successful transplantatio n of 33 trees and submission of compliance certificate to the concerned Tree Officer / Deputy Conservator of Forests. e. 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. f. If any tree is found to have nest of birds it should not be felled / transplanted till the same is abandoned by the birds. g. Transplantation / felling of any tree apart from 214 trees by User Agency shall const itute an offence unde r Delhi Preservation of Trees Act (DPTA), 1994. h. 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. i. 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. j. 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. k. Transplantation of trees and transportation of forest produce arising there from to the public crematorium shall be completed within 90 days. l. The User Agency shall ensure that the plan of this proposal shall not be changed. m. 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. n. All activities as submitt ed under approved Tree Preservation Plan should be followed scrupulously. o. 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. p. User Agency must ensure that, for all transplanted trees that do not survive indigen ous 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 success ful plantation & release of Security Deposit by the Tree Officer / Deputy Conservator of Forests : - a. 100% Compensatory Plantation of 2140 saplings of native species shall be raised and maintained by User Agency for Seven years and monitored till its succes sful establishment as mentioned on table above. b. 2140 tree saplings of indigenous species 6 -8 feet height shall be planted as compensa tory plantation in ratio of 1:10 on non -forest land in lieu of felling / transplantation 214 no. of trees. The plantation shall be done by following site specific plantation techniques with additional measures on identified land within three months of issu e 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. If the User Agency fails to successfully raise compensatory plantation. The User Agency shall also deposit extra sit e improvement expenses which may be required to make the site suitable for plantation as calculated by Tree Officer / Dep uty Conservator of Forests concerned (as deposits). d. The land over which compensatory plantation / Tree transplantation raised shall n ot be utilized for other purpose without the approval 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 concern ed Tree Officer / Deputy Conservator of Forests at the end of every finan cial year. A copy of format is available in https://www.treeremoval.delhigovt.nic.in . f. Land Owning agency shall ensure that there is no encroachment in area proposed for compensatory plantation/ 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, concer ned 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 214 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 the National Capital Territory of Delhi , A.K. SINGH , Principal Sec y. 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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