Bijwasan rail terminal site is not a forest, rules NGT

The tribunal, however, asked the project proponent to ensure any further felling of trees is done only after seeking permission from Delhi’s forest and wildlife department

The National Green Tribunal (NGT),has observed that the land on which the Rail Land Development Authority (RLDA) is building the Bijwasan Rail Terminal station in Dwarka’s sector 21, is neither a protected forest, nor a deemed forest, dismissing a plea alleging trees had been felled on a ‘protected forest’ by the body.

The new Bijwasan railway station will have eight platforms. Currently, it has just two platforms. (HT Archive)

Allowing the project to proceed, the tribunal in an order on February 13, however, asked the project proponent to ensure any further felling of trees is done only after seeking permission from Delhi’s forest and wildlife department.

RLDA was fined ₹5.93 crores by Delhi’s state forest department in 2022, after it had found around 990 trees to be felled at the site of the station, without any prior permission. A series of inspections were conducted on the site by the forest department, following local residents alleged that RLDA was carrying out large scale felling of trees for the project.

According to officials aware of the matter, the project will see an airport-style makeover of Bijwasan station by 2024. It includes a new terminal building spread over an area of 30,400 square metres (sqm), an air concourse across 12,500sqm and a circulating road network of 123,500sqm. The new Bijwasan railway station will have eight platforms. Currently, it has just two platforms.

Permissions have to be sought under the Delhi Preservation of Trees Act, 1994 for any construction work in Delhi. If the area is found to be a protected forest, or a deemed forest, then further permissions are required under the Forest Conservation Act, 2023 too.

NGT was hearing a plea filed by a Delhi resident RM Asif, who called for the tribunal to halt the project and said over 1,000 trees had been felled in the forest land, which was a violation of the Forest Conservation Act. In a submission made last week, the forest department had told the NGT the area was not a protected forest, but it may be a deemed forest, based on the density of trees.

A deemed forest is not a notified or a reserve forest and different states have different definitions. In Delhi, any area over 2.5 acres with over 100 trees per acre is called a deemed forest. Similarly, 1km stretches of roads and drains with the same density are also deemed forests. The concept came into existence following a Supreme Court order in the TN Godavarman case in 1996.

“Counsel for the respondent (RLDA) has pointed out that DDA had handed over the possession of about 110.07 hectares of land to the Railways. He has also pointed out the plea of the applicant....that there are 1,100 trees at the subject land. Hence, he submits that on calculating the number of alleged trees standing on per acre of land...this land does not fall under the category of deemed forest,” said the NGT in its order, dated February 13, stating the recently amended Forest Conservation Act 2023 also did not cover deemed forests anymore.

A bench headed by NGT chairperson Justice Prakash Shrivastava said the counsel for the RLDA had also made a categorical statement before the tribunal that all rules will be followed at the time of implementation of the project.

“Hence, we are of the view that adequate precautions have already been taken to prevent illegal felling of trees. Even otherwise, we make it clear that respondents during the implementation of the project, will not cut any tree unauthorizedly or illegally and will follow all the environmental norms including compensatory plantation. That they will carry out the activity on the subject land only with due approval and compliance of the conditions imposed by the environmental authorities,” said the NGT.

Last year, RLDA had said that it did not seek any permission as the land was barren when the project was awarded nine years ago. RLDA did not respond to requests for comment on Sunday.