Delhi LG exempts 8.9-hectare site from tree curbs for GPRA
The exemption, granted under Section 29 of the Act in 'public interest', formally allows the Central Public Works Department (CPWD) to seek permission on from the tree officer. To be sure, tree officers can only take a decision on an area of one hectare, in usual circumstances.
The exemption, issued via a gazette notification on June 13 but made public on Sunday, read: '… in public interest, (the LG) exempts an area of 8.90 hectares… from the limitation of maximum one hectare area under sub-section (3) of Section 9 of the said Act for construction of General Pool Residential Accommodation at Kasturba Nagar Phase-II, New Delhi under Delhi Preservation of Trees Act (DPTA), 1994.'
This is the fourth instance that the provision has been invoked in recent weeks. Last week, it was applied to a 115.88-hectare construction site for the redevelopment of the New Delhi Railway Station. Prior to that, it was applied to two other sites, pertaining to Common Central Secretariat buildings and a flyover in northeast Delhi.
While the exemption clears a key procedural hurdle, it does not constitute approval for cutting or transplanting any trees. It merely enables the designated tree officer to examine an application, which had previously been ineligible for consideration because of the site's size. 'This notification... shall not be considered as permission for transplantation/felling of trees,' the Act states.
Upon receiving an application, the tree officer—the deputy conservator of forest (south division) in this case—will independently scrutinise the application, comprising due diligence under the DPTA, the Delhi Preservation of Trees Rules, 1996, and compliance with any court directions.
'The tree officer must apply due diligence and aim to minimise the number of trees affected by the project,' the gazette reads.
Section 29 of the DPTA gives power to the government to provide exemption, citing public interest. Section 9(3), meanwhile, allows a tree officer to only consider up to one hectare in area for a project. The exemption essentially allows an area of more than one hectare to be considered by a tree officer.
The Kasturba Nagar GPRA project is part of the Centre's plan to redevelop seven GPRA colonies across south Delhi. Of these, three are being handled by NBCC, while CPWD is in charge of four—two of them, Mohammadpur and Thyagraj Nagar, have already been completed. The remaining two—Kasturba Nagar and Srinivaspuri—are under construction.
HT reported last month how the Delhi Urban Art Commission (DUAC) had, for the second time, rejected the revised proposal for the project after raising concerns over inadequate planning, inefficient land use and poor compliance with its earlier observations. Under Phase 2 of the Kasturba Nagar project, plans are afoot to create over 3,500 housing units in total, an anganwadi, convenience shops, a coaching centre, a banquet hall, a podium and a residential complex comprising 25 towers.
In a notification published on June 17, the LG issued an exemption to a 115.88-hectare site for the redevelopment of the New Delhi Railway Station, with 887 trees falling in its way.
On June 6, Saxena issued a similar exemption for a 5.037-hectare site at the Common Central Secretariat project, involving 476 trees. A day earlier, he cleared a 2.16-hectare stretch for a flyover at the Nand Nagri–Gagan Cinema junction, where 27 trees are affected.
Opposition parties, however, criticised the move.
Delhi Congress President Devender Yadav called the decision an 'environmental disaster'.
'This is a double blow to both the environment and social justice. The soul of Delhi resides in its slums, and its breath comes from its trees, and if both are destroyed, Delhi will face an existential crisis,' Yadav said.
The BJP did not respond to a request for comment.
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