Construction of Dwarka Expressway Package-II, New Delhi.
DEPARTMENT OF FORESTS AND WILDLIFE
NOTIFICATION
Delhi, the 23rd December, 2022
F. No. 155/WFD/COT/21-22/12034-41.—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 1.4475 ha for construction of Dwarka Expressway Package-II, New Delhi from the provision of sub-section (3) of section 9 of the said Act.
|
Name of the Project |
Number |
Compensatory |
|
|
Transplantation |
Total |
||
|
(1) |
(2) |
(3) |
(4) |
|
Construction of Dwarka Expressway Package-II, New Delhi. |
115 |
115 |
1150 |
|
Total |
115 |
115 |
1150 |
The said exemption is subject to fulfillment of the following conditions:-
|
S.No. |
Location of Compensatory plantation. |
Number |
|
To |
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
(a) |
Compensatory Plantation of 1150 number of tree saplings |
1150 |
65,55,000 /- |
Tree Officer/ Deputy Conservator of Forests (West) |
|
Arjun along with other native species shall be carried out |
||||
|
(b) |
Transplantation of 115numbers of trees which are standing |
|||
TERMS AND CONDITIONS
1. National Highway Authority of India (NHAI) herein referred to as User Agency, shall make an advance deposit of an amount of Rs.65,55,000 /- (Sixty Five Lakh Fifty Five Thousand Only/- @ Rs. 57000/- per tree) towards security 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 if terms and conditions mentioned at 2, 3 & 4 are not followed by User 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 Agency to concerned Tree Officer/Deputy Conservator of Forests in compliance with Section-12 of Delhi Preservation 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 felling/ 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/ felling of trees:-
- a. Transplantation of trees shall be initiated immediately after conditions in point no. 2 is satisfied and should be completed not later than six (06) months of such date, after which a completion report has to be submitted to theconcerned 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 found 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 115 trees by User Agency shall constitute an offence under Delhi Preservation of Trees Act (DPTA), 1994.
- 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 Officer/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 should 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 done 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 1150 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. 1150 tree saplings of indigenous species 6-8 feet height shall be planted as compensatory plantation in ratio of 1:10 on non-forest land in lieu of transplantation 115numbers. 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 Seven (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 State 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 end of every financial year. A copy of format is available in https://www.treeremoval.delhigovt.nic.in.
- f. Land Owning agency shall ensure that there is no encroachment in area proposed for compensatory plantation/ transplantation.
- 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 condition 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 115 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. (Environment and Forests)
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