Hon’ble Apex Court Asks DMRC To Seek Forest Decontamination To Chopped Trees : For Delhi Metro Phase-IV Propagation

The Supreme Court on Monday held that the Delhi Metro Rail Corporation (DMRC) needs to obtain the forest clearance under the Forest Conservation Act to chopped trees for the Phase IV propagation plan.

The Court directed the DMRC to file an application before the Chief Conservator of Forests under the Government of National Capital Territory of Delhi (GNCTD) under the Forest Conservation Act seeking permission for intuition of trees.

Moreover, the Court directed that the Chief Conservator of Forests to forward the application with their recommendations within one month to the Ministry of Environment and Forests, Government of India. Further, the Government of India should consider the application in accordance with the relevant rules and regulations and also in accordance with the definition of forest given by the Court.

The Court also issued a further direction to the DMRC and GNCTD to express a plan of action to plant tree saplings in the city. The plan has to be submitted before the Court within 12 weeks.

A bench comprising Justices L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna had reserved orders on the DMRC's application on November 11. The DMRC had argued that forest clearance was not required as the Central Empowered Committee's report stated that the trees proposed to be felled do not constitute forests.

DMRC had identified over 10000 trees for intuition for the propagation work of the Janakpuri-R.K. Ashram, Maujpur-Majlis Park and Aerocity-Tughlaqabad corridors and had not got the requisite permission for cutting them. It had alleged that its ongoing construction work had been halted due to lack of requisite permission for felling trees.

While the bench of Justices L.N. Rao, B.R. Gavai and B.V. Nagarathna was reserving orders in DMRC's application, Solicitor General of India Tushar Mehta appearing for DMRC submitted that, "Suppose I am to go for forest clearance under the Forest Conservation Act is going to take one and half years. There would be a price escalation of the project. If they (those opposing the project) really want to have the luxury let them deposit the escalated amount of the project."

"You will have to get clearance Mr Solicitor General. We will give time to the Union of India to give clearance. We are not going to accept this submission made by CEC that all trees are not forests. 'We are not going to accept it. Just see the ramifications of this point being accepted. Who is going to find out whether the tree is natural or planted. It is going to create chaos," Justice Rao, the presiding judge of the bench remarked.

Appearing for GNCTD that although it was not objecting to the development of Metro, was not coming in the way of the metro but just wanted the DMRC to follow the law for the purpose of obtaining the requisite permission for felling of trees.

Arguing that there was senior conflict of interest between Centre and DMRC, counsel submitted that DMRC should not be represented by Central Government counsel. He further submitted that DMRC had only pointed out the notices issued by Delhi Government and had concealed many document.

Order was passed on Dec 12, 1996 where directions were issued to appoint a committee and notify all the deemed forest. Affidavit was filed and in pursuance, some documents were filed. This stretch is part of deemed forest. They've followed the procedure and law and only this time as per instructions, they've objected to the same," Shroff added in this regard.

It was also his submission that "CEC is going contrary to an affidavit filed in 1997 and the entire system that has remained in force cannot go away. This can't be upset today merely by a committee. In this manner they cannot interfere with what has been happening since 1997. Only to say that permission under Forest Preservation Act is necessary and not under Forest Conservation Act is necessary is not correct."

Solicitor General for India appearing for DMRC at this juncture said, "It's a densely populated area and part where we want, flyover has been constructed by the Delhi Government. It would not impact wildlife but people's life."
During the course of hearing, Senior Counsel raised the following objections:

1. The Central Empowered Committee set up by the Supreme Court did not take into consideration his objections. He further pointed out that although objections filed by the Forest Department were dated May 29, 2021 and the report filed by the CEC was dated May 13, 2021.

2. Chief Wildlife Warden of Delhi was not invited by them (CEC) at all. There is a large amount of wildlife, birds, eco sensitive zones which still exist

3. No construction is allowed until permission is sought under Delhi Preservation of Tree Act, 1994.

Pointing out that there were some areas in the phase that were critically polluted, the Senior Counsel submitted that Najafgarh drain is declared as critically polluted by the Central Pollution Control Board. Reference was also made to the NGT constituted C.R. Babu Committee. He had also that the DMRC further did not take into consideration the ambient AIQ standards of the area.

DMRC should take permission under Wildlife Act and Forest Conservation Act. Senior Counsel told that, “Lordship has laid down parameters for the Central Empowered Committee. They have done a tremendous job. It's not just today that we oppose. We're not against the metro. Let them follow the law. DMRC has wrongly interpreted the meaning of forest in TN Godavarman and dynamic definition that I've pointed out,"