LG allows leeway for Kasturba Nagar redevelopment; 856 trees to be affected

New Delhi: Lieutenant governor VK Saxena, through a gazette notification, granted an exemption under the Delhi Preservation of Trees Act (DPTA), 1994, to facilitate the construction of residential accommodation at Kasturba Nagar Phase-II over an area of 8.90 hectares.
This could lead to the felling or transplantation of 856 trees.
While a tree officer, under the provisions of the DPTA, can only consider an application for felling or transplantation of trees limited to a one-hectare area, the gazette exempts the entire section of the DPTA to overrule the area limitation clause.
Though the notification is not permission to fell the trees, it grants the tree officer authority to consider if the required permission could be granted for the entire exempted area.
This exemption, granted under Section 29 of the DPTA, allows CPWD to seek permission from a tree officer in the Delhi forest department to fell or transplant 856 trees. The move was criticised by Delhi Congress on Sunday.
The gazette notification was issued on June 13 but made public on Sunday. It stated that it invokes Section 29 of the DPTA to bypass the area restriction in "public interest."
"… 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 the construction of General Pool Residential accommodation," the notification says.
This provision has been utilised a few times recently, including for the New Delhi Railway station redevelopment (115.88 hect), Common Central Secretariat buildings, and a northeast Delhi flyover. The exemption allows the tree officer to review the previously ineligible application.
With required exemption, the deputy conservator of forest (south division), acting as the tree officer, will evaluate the application according to DPTA guidelines, Delhi Preservation of Trees Rules, 1996, and relevant court directives. The gazette mandates that the tree officer must exercise careful consideration to minimise tree impact.
Attacking BJP, Delhi Congress president Devender Yadav said, "This is a double blow to both the environment and social justice."

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