Delhi HC allows DDA to transplant over 600 trees for storm water drain project at Dwarka Sector-8

The Delhi High Court has granted the Delhi Development Authority (DDA) permission to transplant ( relocate) 637 trees which was required for the construction of a Storm Water Drain at Sector -8 Dwarka to cater to water discharge from the Indira Gandhi International Airport. The HC dismissed the order of the Deputy Conservator of Forests which put abeyance on the earlier permission granted to DDA. Delhi: The Delhi High Court on Friday permitted the Delhi Development Authority (DDA) for the transplantation (felling and relocating) of more than 600 trees for the construction of a Storm Water Drain at Sector -8 Dwarka to cater to water discharge from the Indira Gandhi International Airport. The High Court, while doing so, dismissed an order of the Deputy Conservator of Forests (DCF) who had put in abeyance the previous permission for transplantation. Justice Najmi Waziri allowed the plea moved by DDA seeking permission for transplantation of 637 trees and felling of 56 others. The High Court also directed the DCF to supervise the felling or transplantation of trees by DDA for its project. It was submitted in the petition that an application was made to the DCF on November 2, 2020, seeking permission for the felling of trees/ translocation. Permission was granted on May 17, 2022, for transplanting 637 trees and felling 56 trees and the DDA arranged for 6,930 saplings of the specific varieties of trees and also deposited Rs 3.95 crore, as directed by the DCF. However, on April 28, the Delhi HC in a contempt case restricted permission for felling trees. Justice Waziri passed an order saying, "it would be appropriate that the tree officer(s) give due consideration to transplantation of each tree which is sought to be cut, before granting any further permission for cutting of trees. This would entail inspection of the trees which are sought. The reason for grant or denial of permission would have to be spelled out in the order of the tree officer along with photographs of each tree." In view of this, on June 29, a letter was issued by DCF putting in abeyance the permission for felling/ transplantation of trees. As per the letter, permission was only to be granted after further orders of the high court in a contempt case in which permission for the felling of trees has been restricted on April 28. DDA had challenged the letter and it was argued by DDA that the high court's April 28 has been misinterpreted by the DCF and the court has not directed a blanket ban on transplantation or felling, particularly not for public projects. The agency had sought the DCF to withdraw the letter and to issue formal final permission for the transplantation of 693 trees for the project of Construction of a storm water drain within one week, in view of the ongoing monsoons. Sanding counsel Prabhsahay Kaur for DDA said that it is a public project and it required permission from the Deputy Conservator of Forests (West Forest Division) of the Delhi government. It was submitted that earlier the permission was granted but it has now been arbitrarily put in abeyance through a letter of DCF and a crucial and significant public project has been arbitrarily stalled. The High Court had made reference to indiscriminate and arbitrary exercise of power by the respondent in granting permission without inspections or application of mind, the plea said.

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