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[Cites 0, Cited by 3] [Section 9] [Entire Act]

NCT Delhi - Subsection

Section 9(3) in The Delhi Preservation Of Trees Act, 1994

(3)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.[Delhi, the 4th March , 2020]F. No. R.1341/TO ( S )/TC-Felling/2018-19/12953-61.-In exercise of the powers conferred by section 29 of the Delhi Preservation of Trees Act, 1994 ( Delhi Act 11 of 1994), the Government of National Capital Territory of Delhi, hereby, in public interest exempts an area of 6.8421 ha. as detailed below for construction of building at South Asian University Campus,Maidan Garhi, New Delhi from the provision of sub -section (3) of section 9 of the said Act.LocationTotal No. oftrees at theproject site.No. oftrees to besavedNumber of trees to beFelling Transplantation TotalCompensatoryPlantation byUser Agency(Number of trees)( 5 )3720.( 2 )503.( 3 )131.( 4 )193.179.372.( 1 )South Asian UniversityCampus, Maidan Garhi,New Delhi.Total503.131.179.193.372.3720.The said exemption is subject to fulfillment of the following conditions:South Asian University , herein referred to as User Agency, shall make an advance deposit of an amount of Rs. 2,12,04,000 / - ( Rupees Two Crore Twelve Lakh Four Thousand Only ) towards security deposit for creation and maintenance of compensatory plantation for a period of Seven years as follows,Sl.No. Location of Compensatory plantation . Number of Total Amount including To be Depositedsaplings to other Administrative with Forest be plantedexpenses and contingency Division .charges (in Rs.).( 1 ) ( 2 )( 3 ) ( 4 )( 5 )( a ) 100 % Compensatory Plantation tenDeputytimes the number of trees permitted forConservator offelling/ transplant of 3720 tree saplingsForests ( South )/3720.2.,12,04,000 /of native species shall be planted byTree Officerthe User Agency , in the Central Green ,South Asian University campus,Maidan Garhi, New Delhi.( b ) Transplantation of 193 No. of trees which are standing on site shall be done by User Agency atCentral Green , South Asian University campus, Maidan Garhi, New Delhi.2. . 100 % Compensatory Plantation of 3720 saplings of native species shall be raised and maintained by User Agency for Seven years and monitored till its successful establishment as indicated at 1 (a ) & (b ) above .3. The User Agency shall submit fresh drawing indicating the GPS Co -ordinates of site where trees shall be transplanted and compensatory plantation is proposed to be carried out.4. . Plants of indigenous species 6-8 feet height shall be planted as compensatory plantation in ratio of 1:10 on non -forest land in lieu of removal/ transplantation of 372 No. of trees. The plantation shall be done by following site specific plantation techniques with additional measures on identified land within three months of issue of tree removal permission and maintenance shall be carried out there after by User Agency with their own funds.5. . The User Agency shall ensure that the plan of this proposal shall not be changed .6. The User agency shall implement the improved soil moisture conservation activities on compensatory plantation / transplantation site Division utilizing the deposits made by user agency .7. The User Agency shall also deposit extra site improvement expenses which may be required to make the site suitable for plantation as calculated by Tree Officer concerned (as deposits).8. . Extensive interventions if any required to be undertaken for soil preparation , shall be carried out and additional budget if needed , shall be provided by User Agency9. The land over which compensatory plantation raised shall not be utilized for other purpose without the approval of State Government.10. Transplantation of trees shall be initiated immediately after permission is issued and should be completed not later than three months, after which a completion report has to be submitted to the TreeOfficer. The spacing of the transplantation of trees shall not be less than 4 meter (point to point) at transplantation site .11. A draft policy on transplantation of trees is under active consideration with State Government of Delhi, therefore, any change brought in to effect due to implementation of the policy in future permission shall be modified to that extent with the approval of Competent Authority with prospective effect.12. Permission for felling / transplantation of all tress is being granted at their own risk and without prejudice to the claim (s) of any other person /s who may be having any rights(s ) over the land or the trees .13. Before the felling/ transplantation of trees from the site is commenced all requisite statutory clearances shall necessarily be obtained by the User Agency .14. Felling / transplantation of any trees apart from 372 trees by User Agency shall constitute an offence .15. Completion of documentation regarding compensatory plantation as per provisions of DPTA, 1994 shall be done by User Agency .16. Progress report of transplantation shall be submitted to Tree Officer by User Agency through inspection officer concerned along with complete details of trees.17. The timber obtained from removal of trees shall be auctioned and proceeds shall be deposited as revenue to the Government account by the User Agency .18. The lops and tops of the trees shall be sent/ supplied to the nearest crematorium free of cost and the same should be reported to DCF (South ) by User Agency.19. Before shifting of timber, if any , from site of removal of trees , permission for transportation of the said wood shall be obtained from the DCF (South) by User Agency .20. It should be ensured by the user agency that all the conditionsmentioned in environmental clearance, if any obtained , shall be followed scrupulously.