New Delhi: The National Green Tribunal has observed that the land on which Rail Land Development Authority (RLDA) is constructing the Bijwasan rail terminal station in Dwarka is not a protected forest or deemed forest area.
The tribunal has disposed of the plea that said the terminal was being built on “protected” forest land. It gave permission for the project to proceed.
However, NGT has asked the project proponent to ensure that any further felling of trees is done after seeking permission from the forest department, which had imposed a fine of Rs 5.93 crore on RLDA in 2022 for the illegal felling of 990 trees in the area.
For cutting trees in the city, permission from the forest department under the Delhi Preservation of Trees Act, 1994, is required. However, if an area is a protected forest, or a deemed forest, permissions are also required under the Forest Conservation Act, 2023.
A deemed forest is not a notified or a reserve forest and different states have different criteria. In Delhi, any area over 2.5 acres with over 100 trees per acre is a deemed forest. Similarly, 1-km stretches of roads and drains with the same tree density are also deemed forests.
The plea against the building of the terminal was filed by RM Asif, a local resident, in 2023. He claimed that a piece of project land in Dwarka’s sector 21 was forest land and permission from the central govt under the Forest Conservation Act had not been taken. The plea claimed that over 1,100 trees stood on the land, which would be cut for the project.
However, in an affidavit last week, the department had told NGT that the area was not a protected forest, but it may be a deemed forest, based on the density of trees.
“Counsel for the respondent (RLDA) has pointed out that DDA had handed over the possession of about 110.07 hectares to the Railways. He has also pointed out the plea of the applicant that there are 1,100 trees at the subject land. Hence, he submits that on calculating the number of alleged trees standing on per acre of land… this land does not fall under the category of deemed forest,” said the NGT in its February 13 order. The tribunal also observed that the Forest Conservation Act, 2023, which was recently amended, did not cover deemed forests anymore.
A bench headed by NGT chairperson Justice Prakash Shrivastava said the counsel for the RLDA had also made a categorical statement before the tribunal that all rules will be followed at the time of implementation of the project.
“Hence, we are of the view that adequate precautions have already been taken to prevent illegal felling of trees. Even otherwise, we make it clear that respondents during the implementation of the project, will not cut any tree unauthorisedly or illegally and will follow all environmental norms, including compensatory plantation. That they will carry out the activity on the subject land only with due approval and compliance of the conditions imposed by the environmental authorities,” NGT said.
The tribunal has disposed of the plea that said the terminal was being built on “protected” forest land. It gave permission for the project to proceed.
However, NGT has asked the project proponent to ensure that any further felling of trees is done after seeking permission from the forest department, which had imposed a fine of Rs 5.93 crore on RLDA in 2022 for the illegal felling of 990 trees in the area.
For cutting trees in the city, permission from the forest department under the Delhi Preservation of Trees Act, 1994, is required. However, if an area is a protected forest, or a deemed forest, permissions are also required under the Forest Conservation Act, 2023.
A deemed forest is not a notified or a reserve forest and different states have different criteria. In Delhi, any area over 2.5 acres with over 100 trees per acre is a deemed forest. Similarly, 1-km stretches of roads and drains with the same tree density are also deemed forests.
The plea against the building of the terminal was filed by RM Asif, a local resident, in 2023. He claimed that a piece of project land in Dwarka’s sector 21 was forest land and permission from the central govt under the Forest Conservation Act had not been taken. The plea claimed that over 1,100 trees stood on the land, which would be cut for the project.
However, in an affidavit last week, the department had told NGT that the area was not a protected forest, but it may be a deemed forest, based on the density of trees.
“Counsel for the respondent (RLDA) has pointed out that DDA had handed over the possession of about 110.07 hectares to the Railways. He has also pointed out the plea of the applicant that there are 1,100 trees at the subject land. Hence, he submits that on calculating the number of alleged trees standing on per acre of land… this land does not fall under the category of deemed forest,” said the NGT in its February 13 order. The tribunal also observed that the Forest Conservation Act, 2023, which was recently amended, did not cover deemed forests anymore.
A bench headed by NGT chairperson Justice Prakash Shrivastava said the counsel for the RLDA had also made a categorical statement before the tribunal that all rules will be followed at the time of implementation of the project.
“Hence, we are of the view that adequate precautions have already been taken to prevent illegal felling of trees. Even otherwise, we make it clear that respondents during the implementation of the project, will not cut any tree unauthorisedly or illegally and will follow all environmental norms, including compensatory plantation. That they will carry out the activity on the subject land only with due approval and compliance of the conditions imposed by the environmental authorities,” NGT said.