Land exemption given for tree felling at Delhi's Central Vista
The exemption was approved in an official gazette notification dated May 30 and published on Thursday.
The exemption was granted under Section 29 of the DPTA by Saxena, allowing the Tree Officer (West Forest Division) to consider a pending application concerning the transplantation or felling of 476 trees within the project site. The application was submitted through the DPTA e-Forest portal by Kushagra Singh, Executive Engineer at the Central Public Works Department (CPWD).
The usual limit for considering applications under Section 9(3) of the Act is one hectare. Since the project spans over five hectares, the Tree Officer requested an exemption to process the application legally.
Section 29 of the DPTA, 1994 gives the power to the Government to effect such exemptions.
'The Tree Officer shall give his decision within sixty days from the date of receipt of the application: provided that no permission shall be granted to any person from the same area on more than two occasions during the same year subject to a maximum area of one hectare at a time,' the act states.
To be sure, the notification clarifies that the exemption does not grant permission to cut or transplant any trees. It merely allows the Tree Officer to consider transplantation and felling on a larger plot. 'This notification for exemption under Section 29… shall not be considered as permission for transplantation/felling of trees under the DPTA, 1994,' the act adds.
The next step will be an independent assessment of the application by the Tree Officer. This will include scrutiny under the DPTA, the Delhi Preservation of Trees Rules, 1996, relevant guidelines, and court orders.
The Tree Officer must apply due diligence and aim to minimize the number of trees affected by the project.
This construction site forms part of the broader Central Vista redevelopment initiative, aimed at reorganizing and modernizing central administrative infrastructure. Work is progressing on Common Central Secretariat (CCS) Buildings 6 and 7, following approval by the Heritage Conservation Committee in January and the issuance of construction bids in November 2024. These buildings, rising on the sites of the old Vice-President's House and Vigyan Bhawan Annexe respectively along Maulana Azad Road, will form the core of the new Defence Enclave. This enclave will consolidate offices for the Ministry of Defence (MoD), the Defence Research and Development Organisation (DRDO), and the armed services, including the Department of Defence Production and the headquarters of the Indian Army, Indian Navy, and Indian Air Force.
A retired IFS and former official in Delhi's forest and wildlife department said the decision does not mean trees will be felled, but simply uses the exemption clause for a tree officer in Delhi to pick up the project case.
'The tree officer will still have to approve or reject the plan and decide eventually how many trees are felled or transplanted. Since the area was more than one hectare, the tree officer would not have been able to pick up the case. At the same time, it is likely this was not forest land. In order for the tree act to apply, one needs to use such an exemption to allow the tree officer to consider greater area — more than one hectare,' said the retired official, on condition of anonymity.
The official added such exemptions have been used in the past as well, to allow projects over one hectare in area to be processed, including several road and highway projects in Delhi. 'This is the standard procedure to allow DPTA to apply to projects in non-forest land.'
The LG had a day earlier granted a similar approval for the exemption of a 2.16 hectares patch for a flyover project at the Nand Nagri to Gagan Cinema junction in north-east Delhi. The project involves transplantation of 27 trees.
Officials in Ministry of Housing and Urban Affairs (MoHUA) did not respond to HT's queries.
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