The National Buildings Construction Corporation (NBCC), tasked with redeveloping half a dozen south Delhi colonies, has agreed to refrain from cutting any tree till July 4 after the Delhi High Court asked the company today if Delhi, which is infamous for its pollution, could "afford" the felling of trees for the development of roads and buildings.
The court also permitted the petitioner, Dr Kaushal Kant Mishra, to challenge the orders passed by the authorities giving permission to cut the trees for these residential projects.
"Can Delhi today afford cutting down of so many trees for a housing complex? We could understand if it was a road-widening work which is inevitable," a vacation bench of Justices Vinod Goel and Rekha Palli asked the NBCC, following which the state-owned real estate company agreed not to cut any tree till July 4, according to a report by news agency Press Trust of India.
The court's observations came after the NBCC said the NGT had the jurisdiction to hear pleas challenging environment clearances (EC) granted to any project by the Centre. Central government standing counsel Ripudaman Bhardwaj, appearing for ministries of Environment and Housing, said the ECs given by the Centre were in accordance with the earlier orders of the NGT, the report said.
The petitioner's lawyer told the bench that the matter also involved permission given in November last year by the tree authority of the Delhi government to fell the trees and this decision cannot be challenged in the NGT after which, the court gave the petitioner time till July 4 to amend his plea and challenge the tree authority's decision. The court also made the tree authority of Delhi government a party in the matter.
The Delhi High Court will hear the matter on July 4. Also, the National Green Tribunal will hear the matter on July 2.
According to official sources, while 3,000 trees have already been cut since last year in the south Delhi area, the NBCC will chop off an additional 16,500 trees in Sarojini Nagar and Nauroji Nagar areas to construct flats for central government employees. The petition has sought setting aside of the terms of reference (ToR) and EC granted to the project by the Environment Ministry.
The six south Delhi colonies where the trees would be felled are Sarojini Nagar, Naoroji Nagar, Netaji Nagar, Thyagaraja Nagar, Mohammadpur and Kasturba Nagar.
The petitioner, an orthopaedic surgeon, has claimed that planting of saplings in another location as compensatory afforestation would not reduce the burden which would be put on the environment due to the large-scale felling of trees.
The saplings would be a "poor substitute" for the fully grown trees that would be feed, the petitioner has claimed.
Citizens have launched a protest opposing this project and against the felling of trees. Locals and activists have decided to initiate a 'Chipko movement' in Delhi and hug the trees in a bid to save them from the axe.
"Yes, trees are planned to be cut off but NBCC has also planned to do ten times more plantation in the region," NBCC spokesperson Sameer Bhattacharya told news agencies.
These developments come at a time when the current average pollution level in Delhi already stands at 300 on the Air Quality Index, which falls in the category that risks the life and limb of people.
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