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Core Purpose

Notification under section 29 of the Delhi Preservation of Trees Act, 1994 exempting Northern Railway from tree preservation requirements to permit transplantation and felling of trees for a Vande Bharat trainset depot at Shakurbasti, New Delhi, subject to compensatory plantation conditions.

Detailed Summary

Under F.No. 11081/TO(N)/TC-Transplant/Felling/2022-23/dcfpm/174-181 dated 7th August 2023, the Department of Forests and Wildlife, Government of NCT of Delhi, exercising powers under section 29 of the Delhi Preservation of Trees Act, 1994 (Delhi Act 11 of 1994), exempts an area of 10.1171 hectares at Shakurbasti, New Delhi, from sub-section (3) of section 9 of the Act to permit construction of a maintenance shed for a Vande Bharat trainset depot by Northern Railway (the User Agency), covering 180 trees at the project site, comprising transplantation of 70 trees and felling of 8 trees (78 trees total, exceeding which constitutes an offence under the Act), subject to compensatory plantation of 780 saplings (ten times the affected trees) of species including Neem, Amaltas, Peepal, Pilkhan, Gular, Bargad, Desi Kikar and Arjun on 10,920 square metres of Northern Railway land near New Shakurbasti Railway Station, and an advance security deposit of Rs. 44,46,000 (comprising a refundable Rs. 38,66,070 and Rs. 5,79,930 in administrative charges and contingencies) to be maintained for seven years; conditions include compliance with the Tree Transplantation Policy, 2020, completion of transplantation within six months of permission and transportation of felled timber within 90 days, felling only after successful transplantation and submission of a compliance certificate, and auction of timber proceeds credited as government revenue; the order is issued in the name of the Lt. Governor of the National Capital Territory of Delhi and signed by A.K. Singh, Principal Secretary.

Full Text

5074DG/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]7 vxLr] 2023 No. 248] DELHI, MON DAY, AUGUST 7, 2023/ SHRAVANA 16, 1945 [N. C. T. D. No. 183 GOVERNMENT OF INDIA SG-DL-E-08082023-247912 2 DELHI GAZETTE : EXTRAORDINARY PART IV] (1) (2) (3) (4) (5) (6) योग 180 70 8 78 780 (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 mud s uke ij] DEPARTMENT OF FORESTS AND WILDLIFE NOTIFICATION Delhi , the 7th August, 2023 F.No. 11081/TO(N)/TC -Transplant/Felling/2022 -23 /dcfpm/174 -181.—In exercise of the powers conferred by section 29 of the Delhi Preservation of Trees A ct, 1994 (Delhi Act 11 of 1994), the Lt. Governor of National Capital Territory of Delhi, hereby, in public interest exempts an area of 10.1171 ha for construction of maintenance shed of trainsets depot for Vande Bhar at trains at Shakurbasti, New Delhi fro m 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 maintenance shed of trainsets depot for Vande Bharat trains at Shakurbasti, New Delhi. Total 180 70 8 78 780 The said exemption is subject to fulfillment of the following con ditions:— SN Location of Compensato ry 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 Planta tion of 780 number of tree saplings (10x78=780, i.e., ten times the number of trees permitted for transplantation / felling of trees) consisting of species of Neem, Amaltas, Peepal, Pilkhan, Gular, Bargad, Desi Kikar and Arjun along with other native speci es shall be carried out by User Agency at Railway Land Northern Railway, Near New Shakurbasti Railway Station circulating area in 10920 sqm. 44,46,000 / - Tree Officer / Deputy Conservator of Forests (North) (b) Transplantation of 70 numbers of trees which are standing on sit e shall be done by User Agency with their own funds at Railway Land Northern Railway, Near New Shakurbasti Railway Station circulating area over an area of 10920 sqm. TERMS & CONDITIONS 1. Northern Railway , herein referred to as User Agency, shall make an ad vance deposit of an amount of Rs.44,46,000/ - (Rs. Forty Four Lakh Forty -Six Thousand Only) (Refundable amount - Rs. 38,66,070/ - Rupees (Thirty Eig ht Lakh Sixty Six Thousand Seventy Only) and Administrative charges and cont ingencies - Rs.5,79,930/ -Rupees (Fiv e Lakh Seventy Nine Thousand Nine Hundred Thirty Only) towards security deposit for creation and maintenance of compensatory plantation for a per iod of Seven (7) years and the same shall be forfeited and utilized for plan tation 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. 6 DELHI GAZETTE : EXTRAORDINARY PART IV] c. The User Age ncy shall ensure that there is no p ending 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 th e User Agency. e. It should be ensured by the User Agenc y 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 / fellin g of trees: - a. Transplantation of trees shall be init iated 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 spaci ng of the transplantation of trees shall not be less than 4 meter (point to point) at transplantation site. b. All the conditions mentioned in Tree Transplantation Policy, 2 020 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 pri or to felling of 181 numbers of tre es permitted herein. The 181 trees shall be removed / felled after successful transplantation of 33 trees and submission of compliance certificate to the concerned Tree Officer / Deputy Conservator of Forests. e. The progres s report of transplantation / felli ng shall be submitted to concern ed 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 ti ll the same is abandoned by the bir ds. g. Transplantation / felling of any tree apart from 78 trees by User Agency shall constitute an offence under Delhi Preservation of Trees Act (DPTA), 1994. h. The timber obtained from removal of trees shall be auctioned and proceeds shall be deposited as rev enue 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 reporte d to concerned Tree Officer / Deputy Conserva tor of Forests by User Agency. j. Befo re 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. Transplantatio n of trees and transportation of fo rest 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 a ll the conditions mentioned in fore st clearance and other clearances, if any obtained, shall be followed scrupulously. n. All activities as submitted under approved Tree Preservation Plan should be followed scrupulously. o. It must be ensured that all provisions under section 4 (6-b) of Tree Tran splantation 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 s urvive 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 conside ring successf ul plantation & releas e of Security Deposit by the Tree Officer / Deputy Conservator of Forests : - a. 100% Compensatory Plantation of 780 saplings of native species shall be raised and maintained by User Agency for Seven years and monitored till its successf ul establishment as men tioned on table above. b. 780 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 felling / transplantation 78 no. of trees. The plan tation shal l be done by following s ite 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 Agen cy with the ir own funds. c. If the Use r 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 co ncerned (as deposits). d. The land over which compensatory plantation / Tree transplantation raised shall not be utilized for other purpose without the approval of the Government. e. User Agency shall maintain plantation jour nals 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 finan cial year. A copy of format is available i n 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 improve d soil moisture conservation activities on c ompensatory plantation/ transplanta tion 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 Tre e 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 78 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 th e 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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