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Core Purpose

Exemption under Section 29 of the Delhi Preservation of Trees Act, 1994, permitting felling and transplantation of trees for the Kiran Nadar Museum of Art project in Village Samalkha, New Delhi, subject to compensatory plantation and a security deposit.

Detailed Summary

Notification F. 76/WFD/COT/22-23/3713-21 dated 25 August 2023, issued by the Department of Forests and Wildlife, Government of NCT of Delhi, under Section 29 of the Delhi Preservation of Trees Act, 1994 (Delhi Act 11 of 1994), exempts an area of 3.2089 hectares at plot Nos. 3, 4 and 5, Village Samalkha, Tehsil Vasant Vihar, New Delhi, from Section 9(3) of the Act to allow construction of the Kiran Nadar Museum of Art project, covering a total of 369 trees at the site, of which 190 are to be transplanted and 102 felled (292 total); the exemption requires User Agency M/s Vama Sundari Investments Pvt. Ltd. to raise compensatory plantation of 2,920 saplings (ten times the 292 trees affected) of native species including Neem, Amaltas, Peepal, Pilkhan, Gular, Bargad, Desi Kikar and Arjun at four sites - Iskcon Temple, Sector-13, Dwarka (9,200 sq. m.); a park on Sirsa Road, Singhu Village; a park opposite the MCD School, Shahbad Village; and a park near the Bus Terminal, Aman Vihar, Sector-22, Rohini, Ward No. 26, Pooth Kalan (26,345 sq. m.) - at a total cost of Rs. 1,66,44,000, with transplantation of the 190 standing trees to be carried out at the Agency's own cost at Iskcon Temple, Sector-13, Dwarka; the Agency must deposit an advance security of Rs. 1,66,44,000 (at Rs. 57,000 per tree, comprising a refundable Rs. 1,44,72,980 and Rs. 21,71,020 for administrative and contingency charges) to be maintained for seven years and forfeited if conditions are not met, complete transplantation and transportation within prescribed timelines under the Tree Transplantation Policy, 2020, and comply with Section 12 reporting obligations; the notification was issued by order of the Lt. Governor of the National Capital Territory of Delhi and signed by A.K. Singh, Principal Secretary.

Full Text

5493 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 vf/klwpuk fnYyh] 25 vxLr] 2023 No. 263] DELHI, FRIDAY, AUGUST 25, 2023/ BHADRA 3, 1945 [N. C. T. D. No. 199 GOVERNM ENT OF INDIA SG-DL-E-26082023-248372 2 DELHI GAZETTE : EXTRAORDINARY PART IV] योग 369 190 102 292 2920 (1) (2) (3) (4) (5) 4 DELHI GAZETTE : EXTRAORDINARY PART IV] jk’Vªh; jkt/kkuh {ks=] fnYyh ds mijkT;iky ds vkns”k ls rFkk muds uke ij ,- ds- flag] iz/kku lfpo ] DEPARTMENT OF FO RES TS AND WILDLIFE NOTIFICATION Delhi, the 25th August, 2023 F. 76/WFD/COT/22 -23/3713 -21.—In exercise of the powers conferred by section 29 of the Delhi Preservation of T rees Act, 1994 (Delhi Act 11 of 199 4), the Lt. Governor of National Capital Territory of Delhi, hereby, in public interest ex empts an area of 3.2089 ha for construction of Kiran N adar Museum of Art Project at plot No. 3, 4 & 5, Village Samalkha, Tehsil Vasant Vihar, 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 Compensato ry Plantation by User Agency (Number of trees) Transplantation Felling Total (1) (2) (3) (4) (5) (6) Construction of Kiran Nadar Museum of Art Project at plot N o. 3, 4 & 5, Village Samalkha, Tehsil Vasant Vihar, New Delhi. Total 369 190 102 292 2920 The said exemption is subject to fulfillment of the following condit ions: - 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 Plantatio n of 2920 number of tree saplings (10x 292=2920, i.e., ten times the number of trees permitted for transplantation / felling of trees) consisting of species of Neem , Amaltas, Peepal, Pil khan, Gular, Bargad , Desi Kikar and Arjun along with other native speci es shall be carried out by User Agency at following four sites: - 1. Iskon Temple, Sector -13, Dwarka, New Delhi in 9200 sqm. Area. 2. Park in sirsa road Singhu Villa ge. 3. Park opposite MCD School Shahbad Village. 4. Park near Bus Terminal Aman Vihar Thana Sector -22, R ohini, Ward No. 26, Pooth Kalan, New Delhi -26345 sqm area. 1,66,44,000 /- Tree Officer / Deputy Conservator of Forests (West ) (b) Transplanta tion of 190 number of trees which are standing on site shall be done by User Agency with their own funds at Iskon Temple, Sector -13, Dwarka, New Delhi area over an ar ea of 3040 sqm. 6 DELHI GAZETTE : EXTRAORDINARY PART IV] TERMS & CONDITIONS 1. M/s Vama Sundari Investments Pvt. Ltd. herein refer red to as User Agency , shall make an advance deposit of an amount of Rs 1,66,44,000 /-/- (One Cro re Sixty Six Lakh Forty Four Thousand Only , i.e., /- @ Rs. 57000/ - per tree) (Refundable amount - Rs. 1,44,72,98 0/- Rupees ( One Crore Forty Four Seventy Two Thousand N ine Hundred Eighty Only) and Administrative charges and contingencies - Rs. 21,71,02 0/- Rupees ( Twenty One Lakh Seventy One Thousand Twenty Only) ) towards sec urity 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 i f terms and conditions mentioned at 2, 3 & 4 are not followed by Use r 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 Agenc y to concerned Tree Officer / Deputy Conservator of Forests in compl iance with Section -12 of Delhi Preservation of Trees Act, 1994. b. The information missing in Tree Preservation Plan regarding SN. 12, 13 & 16 may be provided by the User Agency and accepted by Tree Officer. c. User Agency shall submit a detailed plan for site preparation and plantation. d. 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/ transplant ation of trees. e. Before the removal of trees from the site is comm enced, all requisite statutory clearances shall necessarily be obtained by the User Agency. f. It should be ensured by the User Agency that all the conditions mentioned in Forest clearance and o ther clearances, if any obtained, shall be followed scrupulously . 3. The conditions required to be fulfilled during the transplantation / felling of trees: - a. Trans plantation of trees shall be initiated immediately after conditions in point no. 2 is satisfied a nd 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 mete r (point to point) at transplantation site. b. All the conditions menti oned 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 tr ansplantation shall be c arried out prior to felling of 102 numbers of trees permitted herei n. The 102 trees shall be removed / felled after successful transplantatio n of 190 trees and subm ission of compliance certificate to the concerned Tree Officer / Deputy Conservator of Forests . e. The progr ess report of transplantation / felling shall be submi tted to concern ed Tree Officer / Deputy Conservator of Forests along with complete details of tre es 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. Transplantati on / felling of any tree apart from 292 trees by User Agency shall constitute an offence under De lhi Preservation of Trees Act (DPTA), 1994. h. The timber obtained from removal of trees shall be auctioned and proceeds shall be deposited as reven ue to the Gove rnment 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 t imber, if any, from site of removal of trees, permission for transportation of the said wood shal l be obtained from the concerned Tree Officer / Deputy Conservator o f Forests by User Agency. k. Transplantation of trees and transportation of forest produce ari sing there from to the public crematorium shall be completed within 90 days. l. The User Agency shal l ensure that the plan of this proposal shall not be changed. m. It sho uld 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 u nder approved Tree Preservation Plan should be followed scrupulously . o. It must be ensured that all provisions under section 4 (6 -b) of Tree Transplantation Poli cy, 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 conditi ons 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 2920 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. 2920 tree saplings of indigenous species 6 -8 feet height shall be planted as compensator y plantation in ratio of 1:10 on non -forest land in lieu of felling / transplantation 292 numbers of trees. The plantation shall be done by following site speci fic plantation techniques with additional measures on identified land within three months of iss ue of tree removal permission and maintenance for next Seven (7) year s 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 s ite improvement expenses which may be required to make the site suitab le 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 n ot be utilized for other purpose without the approval of the Governm ent. 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 sh all be submitted to the concern ed 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 Ow ning agency shall ensure that there is no encroachment in area proposed for compensatory plantati on/ transplantation. g. The User Agency shall implement the improved so il moisture conservation activities on compensatory plantation/ transplantation site. h. The U ser 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 Office r/ / Deputy Conservator of Forests shall initiate action as per Section 12 of Delhi Preserv ation of Trees Act, 1994. 6. Permission for transplantation / felling of 292 numbers of tress is bei ng granted to the User Agency at their own risk and without prejudic e the claim(s) of any other person(s) who may be having any right(s) over the land or the t rees. 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 a t Government of India Press, Ring Road, Mayapuri, New Delhi -11006 4 and Published by the Controller of Publications, Delhi -110054.

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