NEW DELHI: Observing that implementation of phase IV of metro expansion may be a further threat to the ecology of Delhi-NCR, the Supreme Court has directed Delhi Metro Rail Corporation (DMRC) to get forest clearance under the Forest Conservation Act for felling of trees.
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 (phase IV) and has not got requisite permission for chopping them.
A bench headed by Justice L Nageswara Rao asked the DMRC to file an application before the Chief Conservator of Forests of the Delhi government under the Forest Conservation Act, 1980 seeking permission for diversion of land for the construction of Metro, Phase-IV.
"It is needless to observe that the Chief Conservator (Forest) and Nodal Officer (FCI), GNCTD, shall consider the said application/s and forward the same to the Ministry of Environment, Forest and Climate Change (MoEF&CC) with his recommendations within a period of one month from the date of receipt of the said application/s.
"MoEF on receipt of the application/s, shall consider the same expeditiously and within a period of three months from the date of its receipt, communicate its decision to the applicant-DMRC as well as to the Chief Conservator (Forest) and Nodal Officer (FCA), GNCTD," the bench said.
With regard to the plea seeking permission for construction activity in the South Central/Morphological Ridge in the 22.34 km Aerocity -Tughlakabad Metro Corridor, the bench directed the DMRC to file an application before the Ridge Management Board to seek necessary permission for diversion of the aforesaid Ridge areas.
"On such application being made, the RMB shall make its recommendations on the same and forward a copy of the said recommendations to the Chief Conservator (Forest) and Nodal Officer (FCI), GNCTD, as well as to the MoEF for its consideration under section 2 of the FC Act, 1980 within a period of one month from the date of receipt of the said application.
"MoEF&CC, GoI, shall on receipt of the said application along with the recommendations of RMB and the Chief Conservator (Forest) and Nodal Officer (FCI), GNCTD, if any, shall consider the said application within a period of three months from the date of its receipt," the bench said in its order uploaded today.
The apex court said since the citizens of Delhi have had and would continue to have the facility of the metro rail, the Delhi government as well as DMRC are directed to conceive a plan of action to plant trees in the NCT of Delhi.
"For that purpose, GNCTD may involve school and college students, educational institutions, Non-Governmental Organizations, Citizen Welfare Associations, public servants, and every citizen or the person who is interested in the ecology of NCT of Delhi to plant trees/saplings and ensure that they are nurtured and protected so that the NCT of Delhi would in the passage of time have more greenery leading to afforestation," the bench also comprising Justices B R Gavai and B V Nagarathna said.
The top court said the direction is being issued having regard to the precautionary principle as well as the principle of sustainable development by ensuring citizens' participation in the preservation of the environment and ecology.
"It is needless to observe that such a plan of action would be conceived by the Department of Forest and Environment of NCT of Delhi in consultation with the Public Works Department, Education Department, and such other departments who will involve themselves in ensuring the planting of saplings and trees in NCT of Delhi. Such a plan of action be conceived and the same be placed on record before this court within a period of twelve weeks for consideration of this Court," the bench said.
The apex court said the projects such as the metro railway in question have already been implemented in parts of NCT of Delhi/NCR and one cannot lose sight of the fact that it has resulted in the loss of vegetation as well as flora and fauna in certain areas.
"To meaningfully arrest the problem of declining tree cover, the civil society must also be placed with the responsibility to carry out reafforestation activities. While we cannot ignore the importance of governmental responsibility in materializing the goals of sustainable development through reafforestation, we strongly endorse the idea of collective responsibility towards ensuring a sustainable future.
"The engagement, inclusion, and participation of citizens and perhaps more significantly, the ownership of the sustainable development agenda by empowered citizens and community-level actors will contribute in a significant manner to achieving the economic, social, and environmental pillars of the sustainable development agenda," the bench said.
The top court said that citizens, as the ultimate beneficiaries of development, have a critical role to play, not just in terms of effort and action towards the achievement of the environmental goals but also in terms of the associated monitoring of the progress towards these goals.
The apex court had earlier 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.
It had said it cannot stall the development but there has to be a balance between development and environment.
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 T N Godavarman versus UOI, about issues including forest preservation.
