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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
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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]
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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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