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Notification exempting a forest area from tree-preservation restrictions under Section 9(3) of the Delhi Preservation of Trees Act, 1994 for construction of approach roads near Chattarpur, subject to compensatory plantation and transplantation conditions.

Detailed Summary

The Department of Forests and Wildlife, Government of NCT of Delhi, by notification dated 14th February 2024 (F. No. 16745/SFD/TC/Felling/2023-24/8047-54), in exercise of powers under Section 29 of the Delhi Preservation of Trees Act, 1994 (Delhi Act 11 of 1994), the Lieutenant Governor of NCT of Delhi exempts an area of 4.9955 hectares from sub-section (3) of Section 9 of the Act for construction of a Project Report for approach roads (approximately 10.525 km) from Chattarpur Roads to SAARC University, CAPFIMS and other establishments at Maidangarhi, Sayurpur and Satbari, New Delhi, covering 422 trees at the project site (142 for transplantation, 280 for felling), subject to compensatory plantation of 4220 saplings (ten times the transplanted number) of species including Neem, Amaltas, Peepal, Pilkhan, Gular, Bargad, Desi Kikar and Arjun on 71,059 sqm of Forest land at Jaunapur Forest Patch, to be carried out by South Forest Division on behalf of the Delhi Development Authority (the User Agency), which must deposit a non-refundable security amount of Rs. 2,40,54,000 (at Rs. 57,000 per tree) for seven years of plantation maintenance; conditions require compliance with Section 12 of the Act, submission of a detailed plantation and site preparation plan, absence of pending litigation, prior statutory clearances, completion of transplantation within six months and felling only after transplantation and compliance certification, adherence to the Tree Transplantation Policy, 2020, auctioning of timber proceeds to government revenue, and completion of all transplantation, felling and transportation within 90 days.

Full Text

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-16022024-252163 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 61] DELHI, WEDNESDAY, FEBRUARY 14, 2024/MAGHA 25, 1945 [N. C. T. D. No. 432 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI 1045 DG/2024 DEPARTMENT OF FORESTS AND WILDLIFE NOTIFICATION Delhi, the 14th February, 2024 F. No. 16745/SFD/TC/Felling/ 2023-24/8047-54 :—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 4.9955 ha for construction of Project Report for approach roads (approx. 10.525 km) from main Chattarpur Roads to SAARC University, CAPFIMS & Others establishments at Maidangarhi, Sayurpur & Satbari etc. 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 | Number of trees | | | Compensatory | | | project site | | | | Plantation by | | | | Transplantation | Felling | Total | User Agency | | | | | | | (Number of | | | | | | | trees) | +---------------------------------------------------------------------------------------------------------------------------------------------------+--------------------------------+-----------------+---------+-------+-------------------------+ | (1) | (2) | (3) | (4) | (5) | (6) | +===================================================================================================================================================+================================+=================+=========+=======+=========================+ | Construction of Project | | | | | | | Report for approach roads | | | | | | | (approx. 10.525 km) from | | | | | | | main Chattarpur Roads to | | | | | | | SAARC University, | 422 | 142 | 280 | 422 | 4220 | | CAPFIMS & Others | | | | | | | establishments at | | | | | | | Maidangarhi, Sayurpur & | | | | | | | Satbari etc. New Delhi. | | | | | | +---------------------------------------------------------------------------------------------------------------------------------------------------+--------------------------------+-----------------+---------+-------+-------------------------+ | Total | 422 | 142 | 280 | 422 | 4220 | +---------------------------------------------------------------------------------------------------------------------------------------------------+--------------------------------+-----------------+---------+-------+-------------------------+ 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 contingency charges (in Rs.). | To be Deposited with Forest Division. | +-----+------------------------------------------------------------------------------------------------------------------------------------------+------------------------------------+-------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------+ | (1) | (2) | (3) | (4) | (5) | +=====+==========================================================================================================================================+====================================+=================================================================================================================================================+=============================================+ | (a) | Compensatory Plantation of 4220 number of tree saplings (10x422=4220, i.e., ten times the number of trees permitted for transplantation | 4220 | 2,40,54,000/- | Tree Officer / Deputy Conservator of Forests (South) | | | 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 South Forest Division on behalf of User Agency on Forest land at Jaunapur Forest Patch in 71059 sqm. area. | | | | +-----+------------------------------------------------------------------------------------------------------------------------------------------+------------------------------------+-------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------+ | (b) | Transplantation of 142 numbers of trees which are standing on site shall be done by User Agency with their own funds at M/o- Mango | | | | | | Orchard, Andheria More, Part-III, Between Firni Road, Oxidation Ditch over an area of 2272 sqm. | | | | +-----+------------------------------------------------------------------------------------------------------------------------------------------+------------------------------------+-------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------+ TERMS & CONDITIONS 1. Delhi Development Authority (DDA) herein referred to as User Agency, shall make an advance deposit of an amount of Rs 2,40,54,000 /- (Two Crore Forty Lakh Fifty Four Thousand Only, i.e., /- @ Rs. 57000/- per tree) towards security deposit (non-refundable) for creation and maintenance of compensatory plantation for a period of Seven (7) years by the Forest Department. 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. 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 280 number of trees permitted herein. The 280 trees shall be removed / felled after successful transplantation of 142 trees and submission of compliance certificate to 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 422 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 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 / felling 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 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 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 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 (if applicable):- a. 100% Compensatory Plantation of 4220 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. 4220 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 422 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. 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). d. The land over which compensatory plantation / Tree transplantation raised shall not be utilized for other purpose without the approval of the Competent Authority. e. Land Owning agency shall ensure that there is no encroachment in area proposed for compensatory plantation/ transplantation. f. The User Agency shall implement the improved soil moisture conservation activities on compensatory plantation/ transplantation site. g. The User Agency shall ensure that the plan of this proposal shall not be changed. 5. Permission for transplantation / felling of 422 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. 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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