New Delhi, Nov 29, : , Monday’s Supreme Court order directed Delhi Metro Rail Corporation (DMRC), to obtain permission from the Chief Forest Conservator (and the Environment Ministry) for the felling of trees in preparation for the construction of Phase IV. Justice L.Nageswara Rao headed the bench that directed the DMRC file a request to the Chief Conservator for Forests under Delhi government, under the Forest Conservation Act, to obtain permission to cut trees for Phase IV.It also directed the Chief Conservator of Forests to submit the application along with their recommendations to the Environment Ministry within one month.
The Delhi government was directed by the top court to prepare a comprehensive plan for planting trees in Delhi and to bring it to record.It directed the government to include students, civil society members, NGOs and other stakeholders in planting trees in Delhi.
The plan should be submitted within 12 weeks.
DMRC requested permission from the court to fell trees for construction of Phase IV Metro Project, which is 20km long — from Aerocity and Tughlakabad.
The project will require the felling of approximately 10,000 trees.DMRC cited the central empowered committee report to argue that forest clearance was not necessary as the trees being felled are not considered forest.
The central empowered committee, the top court-appointed green panel, had informed the apex court that plants cannot be considered forest under the Forest Act.Only natural-grown trees would fall under its purview.The apex court refused to accept this argument.
“We don’t accept that all the trees planted are not forest.It would cause chaos.Who will decide if a tree is planted or grown naturally?
The DMRC application was reserved by the apex court on November 11.
Counsel for the committee had stated that it took the stand after the 1996 verdict of the apex court that trees planted in project areas cannot be called forests.”The Government of India guidelines explicitly exclude all plantations that are not in the notified forests/recorded forest area from the Forest (Conservation) Act 1980.It stated that only lands with naturally-grown trees are considered deemed forest.
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