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Notification by the Delhi Department of Forests and Wildlife exempting 1.2269 hectares of land at Arakpur Bagh Mochi for a Western Railway residential building project from tree-felling restrictions under Section 9(3) of the Delhi Preservation of Trees Act, 1994, subject to compensatory plantation and transplantation conditions.

Detailed Summary

By notification No. F.171/WFD/COT/21-22/3766-74 dated 29th 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 1.2269 hectares of land at Arakpur Bagh Mochi, Khasra No. 544, New Delhi from sub-section (3) of section 9 of the Act for construction of a multistoried residential building for Western Railway, involving 162 trees at the site of which 96 are to be transplanted and 96 compensated, requiring a total compensatory plantation of 960 saplings (ten times the 96 trees permitted for transplantation) of species including Neem, Amaltas, Peepal, Pilkhan, Gular, Bargad, Desi Kikar and Arjun, to be planted over 1.1136 hectares near Rampura, Shakurbasti and Masjid Hazrat Syed Bhureshah near Madipur Metro Station; Northern Railway, as the User Agency, must deposit Rs. 54,72,000 (Fifty-Four Lakh Seventy-Two Thousand Rupees, at Rs. 57,000 per tree, comprising a refundable amount of Rs. 47,58,240 and administrative/contingency charges of Rs. 7,13,760) as security for seven years' plantation maintenance, and must comply with numerous conditions covering pre-transplantation clearances, adherence to the Tree Transplantation Policy, 2020, three-year maintenance of transplanted trees, progress reporting to the Tree Officer/Deputy Conservator of Forests (West), auctioning of timber proceeds as government revenue, and forfeiture of the security deposit for non-compliance. The order is issued in the name of the Lieutenant Governor of NCT of Delhi and signed by A.K. Singh, Principal Secretary.

Full Text

5576 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 (1) (2) (3) (4) (5) No. 266] DELHI, THURSDAY , AUGUST 31, 2023/ BHADRA 9, 1945 [N. C. T. D. No. 204 GOVERNMENT OF INDIA SG-DL-E-31082023-248448 2 DELHI GAZETTE : EXTRA ORDINARY PART IV] योग 162 96 96 960 (1) (2) (3) (4) (5) 4 DELHI GAZETTE : EXTRA ORDINARY PART IV] DEPARTMENT OF FORESTS AND WILDLIFE NOTIFICATION Delhi, the 29th August, 2023 No. F. 171/WFD/COT/21 -22/3766 -74.—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 1.2269 ha for c onstruction of Mu ltistoried Residential Building for Western Railway at Arakpur Bagh Mochi Kh -No.544, 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 Total (1) (2) (3) (4) (5) Construction of Multistoried Residential Building for Western Railway at Arakpur Bagh Mochi Kh -No.544, New Delhi Total 162 96 96 960 The said exemption is subject to fulfillment of the following conditions: - Sl.No. Location of Compensatory plantation. Number of saplings to be planted Total Amount including other Administrative expenses and contingency charges (in Rs.). To be Depos ited with Forest Division. (1) (2) (3) (4) (5) (a) Compensatory Plantation of 960 number of tree saplings (10x96=960, i.e., ten times the number of trees permitted for transplantation of trees) consisting of species of Neem, Amaltas, Peepal, Pilkhan, G ular, Bargad, Desi Kikar and Arjun along with other native species shall be carried out by User Agency at Near Rampura, Shakurbasti, New Delhi & Masjid Hazrat Syed Bhureshah Near Madipur Metro Station in 1.1136 ha area. 54,72,000 / - Tree Offi cer / Deputy Conservator of Forests (West) (b) Transplantation of 96 number of trees which are standing on site shall be done by User Agency with their own funds at Near Rampura, Shakurbasti, New Delhi & Masjid Hazrat Syed Bhureshah Near Madipur Metro St ation over an area of 0.16 ha. TERMS & CONDITIONS 1. Northern Railway herein referred to as User Agency , shall make an advance deposit of an amount of Rs 54,72,000 / -/- (Fifty Four Lakh Seventy Two Thousand Only , i.e., /- @ Rs. 57000/ - per tree) (Refunda ble amount - Rs. 47,58,240/ - Rupees (Forty Seven Lakh Fifty Eight Thousand Two Hundred Forty Only) and Administrative charges and contingencies - Rs. 7,13,760/ -Rupees (Seven Lakh Thirteen Thousand Seven Hundred Sixty Only)) towards security deposit for creat ion 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 . 6 DELHI GAZETTE : EXTRA ORDINARY PART IV] 2. The conditio ns required to be fulfilled before starting transplantation 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 P reservation 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 fell ing/ 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 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 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 progress report of transplantation shall be submitted to concerned Tree Officer / Deputy Conservator of Forests along with complete details of trees by the User Agency. e. If any tree is f ound to have nest of birds it should not be felled / transplanted till the same is abandoned by the birds. f. Transplantation / felling of any tree apart from 96 trees by User Agency shall constitute an offence under Delhi Preservation of Trees Act (DPTA), 19 94. g. 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. h. 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. i. 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 Of ficer / Deputy Conservator of Forests by User Agency. j. Transplantation of trees and transportation of forest produce arising there from to the public crematorium shall be completed within 90 days. k. The User Agency shall ensure that the plan of this proposal shall not be changed. l. 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. m. All activities as submitted under approved Tree Preservation Plan sho uld be followed scrupulously. n. 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. o. 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 d one 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 : - a. 100% Compensatory Plantation of 960 saplings of native species shall be rais ed and maintained by User Agency for Seven years and monitored till its successful establishment as mentioned on table above. b. 960 tree saplings of indigenous species 6 -8 feet height shall be planted as compensatory plantation in ratio of 1:10 on non -fores t land in lieu of transplantation 96 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 Se ven (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 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 concerned Tree Officer / Deputy Conservator of Forests at the e nd of every financial year. A copy of format is available in https://dpta.eforest.delhi.gov.in . f. Land Owning agency shall ensure that there is no encroachment in area proposed for compensatory plantation/ tr ansplantation. 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 condit ion is not fulfilled by the User Agency, concerned Tree Officer / Deputy Conservator of Forests shall initiate action as per Section 12 of Delhi Preservation of Trees Act, 1994. 6. Permission for transplantation of 96 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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