Supreme Court Asks DMRC To Apply Under Forest Conservation Act To Cut Trees For Delhi Metro Phase-IV Expansion

The Supreme Court on Monday directed the Delhi Metro Rail Corporation (DMRC) to file applications before the Chief Conservator of Forest OF the Government of National Capital Territory of Delhi (GNCTD) under the Forest Conservation Act seeking permission for felling of trees for the Phase -IV project. The Central Empowered Committee set up by the Supreme Court did not take into consideration his objections. He further pointed out that CEC filed its report no 8 without taking into consideration the submissions/suggestions of the Forest Department as well.Chief Wildlife Warden of Delhi was not invited by them (CEC) at all. There is a large amount of wildlife, birds, eco sensitive zone of the Asola Bhatti Wildlife SanctuaryNo construction is allowed until permission is sought under Delhi Preservation of Tree Act, 1994.Further, the Court directed the Chief Conservator of Forests to forward the application with their recommendations within one month to the Ministry of Environment and Forests, Government of India. Further, the Government of India should consider the application in accordance with the relevant rules and regulations and also in accordance with the definition of forest given by the Court."..the crucial issue whether the areas through which the metro railway lines are to be constructed and pass through are forest areas or non-forest areas has to be determined by GNCTD", the Court observed.The Court also issued a further direction to the DMRC and GNCTD to evolve a plan of action to plant tree saplings in the city. The plan has to be submitted before the Court within 12 weeks. A bench comprising Justices L Nageswara Rao, BR Gavai and BV Nagarathna had reserved orders on the DMRC's application on November 11. The DMRC had argued that forest clearance was not required as the Central Empowered Committee's report stated that the trees proposed to be felled do not constitute forests.DMRC had identified over 10000 trees for felling for the expansion work of the Janakpuri-RK Ashram, Maujpur-Majlis Park and Aerocity-Tughlaqabad corridors and had not got the requisite permission for chopping them. In some of the areas the DMRC had started construction in violation of the Forest Conservation Act, 1980 because of which a show cause notice was issued by the Ministry of Environment Forest & Climate Change against the CMP, DMRC. Background of hearingWhile the bench of Justices LN Rao, BR Gavai and BV Nagarathna was reserving orders in DMRC's application, Solicitor General of India Tushar Mehta appearing for DMRC submitted that, "Suppose I am to go for forest clearance under the Forest Conservation Act, it is going to take one and half years. There would be a price escalation of the project. If they (those opposing the project) really want to have the luxury let them deposit the escalated amount of the project."You will have to get clearance Mr Solicitor General. We will give time to the Union of India to give clearance.We are not going to accept this submission made by CEC that all trees are not forests. 'We are not going to accept it. Just see the ramifications of this point being accepted. Who is going to find out whether the tree is natural or planted. It is going to create chaos," Justice Rao, the presiding judge of the bench remarked.Corridor Proposed Is Found To Be The Most Feasible And Will Cover A Sizable Population :Solicitor General Tushar MehtaAppearing for DMRC, the Solicitor General submitted that the report by the CEC observes that it is not a forest land. Referring to the contents of the report dated August 10, 2021 submitted by the CEC, SG contended that the project was in public interest which had to cover a densely populated area of Aerocity.He further submitted that orders granting permission to Centre and Delhi Government were issued from time to time for doing activities on Forest Lands, morphological reach areas and deemed forest for construction of metro tunnels.SG also submitted that due to the proposed project, vehicular traffic from IG Airport to Delhi will reduce and compensatory planting will be located on open lands made by DDA. He further submitted that Dhulsiras village Dwarka shall be notified as protected forests."Compensatory plantation of indigenous proceedings will be undertaken by the Forest Dept of Delhi Government. Cost of raising 34000 saplings will be deposited in advance by the applicant (DMRC) with the Department of the Delhi Government," SG further added.Metro Reducing Pollution And Catering To Large Number Of Commuters. You Reach Airport From New Delhi In 21 Minute: Advocate ADN Rao Amicus CuriaeAmicus Curiae submitted that if the DMRC gave an undertaking that let the court decide whether the stretch of road no 26 having length of 5.33 km was forest or non-forest and the court found that it was a forest area then forest clearance, compensatory afforestation and payment of money would be needed.'Payment of this money cannot hold Delhi to ransom which is facing severe air...

Supreme Court Asks DMRC To Apply Under Forest Conservation Act To Cut Trees For Delhi Metro Phase-IV Expansion

Shruti Kakkar

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