DMRC would have to get forest clearance for felling of trees for phase IV of metro expansion: SC

New Delhi: The Supreme Court Thursday (November 11, 2021) said it would not accept the submission of the Central Empowered Committee (CEC), appointed by it, that all trees are not forests and said the Delhi Metro Rail Corporation (DMRC) would have to get forest clearance under the Forest Conservation Act for felling of trees for phase IV of metro expansion.

A bench headed by Justice L Nageswara Rao said it cannot stall the development but there has to be a balance between development and environment.

"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," the bench also comprising Justices B R Gavai and B V Nagarathna said while reserving its order on the plea filed by the DMRC.

Solicitor General Tushar Mehta, appearing on behalf of the PSU, said the report of the CEC says it is not Forest land.

"Suppose I am to go for forest clearance under the Forest Conservation Act, it 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," Mehta said.

Advocate A D N Rao, who is assisting the top court as amicus curiae in the matter, said if the DMRC gives an undertaking that let the court decide whether the area of 5.33 km is forest or non-forest and the court finds that it is a forest area then forest clearance, compensatory afforestation and payment of money would be needed.

"Payment of this money cannot hold Delhi to ransom which is facing severe air pollution. Why metro. It is reducing the pollution in the country and caters to a large number of commuters. In 21 minutes flat you reach Airport from New Delhi station," Rao submitted.

Senior advocate Rajiv Dutta, appearing for intervenors Dr P C Prasad and advocate Aditya N Prasad, submitted that the Delhi High Court had asked them to approach the CEC with their plea seeking directions to the authorities, including DMRC, to change the nature of the project from overground to underground to "preserve and improve the air quality" and "to ensure that least number of trees are cut in a city like Delhi where the air is already oversaturated with pollutants".

Dutta stated that the CEC did not deal with the objections raised by his clients and the Delhi government.

He said since trees that are to be axed for the construction of the Delhi Metro corridor between Aerocity and Tughlaqabad fall in the eco-sensitive Ridge area and forest clearance is mandatory.

The counsel for the Delhi government said the DMRC has to comply with the law and take the forest clearance for the project.

The top court had earlier agreed to consider listing for an urgent hearing the plea of Delhi Metro Rail Corporation (DMRC) alleging that its ongoing construction work has been halted due to lack of requisite permission for felling trees.

Nearly 3,000 workers are sitting idle and a loss of Rs 3.4 crore is being incurred by DMRC per day because no construction work is going on due to the lack of permission, Mehta had told the apex court.

The law officer had said that the DMRC has filed an interim application in a pending PIL, titled as T N Godavarman versus UOI, about issues including forest preservation.

Trees are required to be felled in the national capital for DMRC's phase IV expansion plan.

DMRC has identified over 10,000 trees for felling for the expansion work of the Janakpuri-RK Ashram, Maujpur-Majlis Park, and Aerocity-Tughlaqabad corridors and has not got requisite permission for chopping them.