DELHI DEVELOPMENT AUTHORITY Vs. DEPUTY CONSERVATOR OF FORESTS

JUDGEMENT

(1.) The hearing has been conducted through hybrid mode (physical and virtual hearing).

(2.) By application under s.9 of the Delhi (Preservation of Trees) Act, 1994, the petitioner DDA had sought permission to cut some trees (693) for a public project i.e., Construction of Storm Water Drain at Sector-8, Dwarka, to prevent upstream water-logging especially during the monsoon season, in and around Indira Gandhi International Airport, Delhi. The proposed remedial measure includes widening of the northern and southern stretch of the drain upto Najafgarh. The project site was inspected by the Tree Officer, he held enquiries and after considering the matter, the requisite permission was granted. By notification dtd. 17/5/2022, published in Delhi Gazette-Extraordinary, an area of approximately 4.33 hectare was exempted from provisions of s.9(3) of the Act. In effect, 637 trees were recommended for transplantation and 56 trees (keekar) were permitted to be cut. Compensatory plantation of 6930 trees (i.e. ten times of the number of trees which would be effected by the proposed project) was directed and an amount of Rs.3,95,01,000.00 towards administrative expenses and contingency charges was to be deposited by DDA. The tree varieties which could be planted were Neem, Amaltas, Peepal, Pilkhan, Gular, Bargad and Arjun along with other native species, at the locations identified and mentioned/ detailed in the said notification. The DDA promptly deposited the aforesaid amount and communicated the same to the Tree Officer.

(3.) However, by a letter dtd. 29/6/2022, the respondent - while acknowledging the "in-principal approval" of the transplantation/cutting of trees and of the deposit of the monies, informed the DDA that permission of felling of trees had been restricted on account of order dtd. 28/4/2022 passed by this Court in Neeraj Sharma vs Vinay Sheel Saxena and Ors. CONT.CAS(C) No. 851/2021. The relevant portion of the said order inter alia reads as under: