Authority meant to protect Delhi trees out of action since December 2021

In its absence, activities such as conducting studies on the trees to be felled for projects are no longer taking place, leaving Delhi’s trees vulnerable

The Delhi Tree Authority (DTA), a statutory body specifically created in July 1995 to preserve Delhi’s trees under the Delhi Preservation of Trees Act, 1994, has become dormant again, with its last meeting being on December 13, 2021.

DTA is the umbrella body that is supposed to oversee implementation of DPTA, say experts. (ANI)

The body, which is mandated to meet at least once every three months, should have met another six times since, but dormancy comes naturally to a body that has met only 10 times since its formation in 1995, whereas it should have met at least 112 times in this period. In its absence, experts say, key activities — conducting studies on the number of trees to be felled for projects, overseeing a tree census in the national Capital, or ensuring de-concretisation of trees — are no longer taking place, leaving Delhi’s tree population vulnerable.

AK Singh, principal secretary, environment and forest and de-facto chairperson of DTA, did not respond to HT’s queries in the matter.

The most recent instance of DTA being missing from action came last month, when a Delhi high court bench led by justice Najmi Waziri, in an order dated May 10, first stayed the tree pruning guidelines of Delhi, later setting them aside completely through an order dated May 29. The guidelines permitted regular pruning of branches of girth of up to 15.7cm, without requiring the permission of a tree officer. The court, in its order, remarked that in the absence of DTA, which framed these guidelines, or a tree officer to oversee pruning, it would be “legalised genocide of trees and Delhi would soon resemble nothing but a mass of concrete”, as there would be no one to oversee just to what extent the pruning is taking place. The high court in previous orders dated April 11 and April 25 sought a response from the state forest and wildlife department and DTA on the legality of the pruning guidelines, but in the May order said DTA was unmoved by the court’s order. DTA was asked to respond May 29, the next date of hearing, but it did not. The case was then disposed of.

Be that as it may, over two months have gone by and the tree authority seems unmoved by the court’s order. Therefore, to ensure that there is no felling of trees for the asking or of chopping of large branches of trees at will, to reduce them to a mere pole-like entity, “Clause 5 of the tree pruning guidelines shall not be given effect to till the next date. It is hoped that the Tree Authority will respond to the notice by then,” the court said in its May 10 order.

One of the advocates in the case, Aditya N Prasad, flagged similar inactivity by DTA in the past, citing information obtained under the Right To Information Act on how infrequently the body was meeting. The RTI replies found that between 1995 and March 2021, the body met only eight times, with the last meeting recorded on September 25, 2019.

In a letter to the Delhi chief secretary on September 6, 2021, Prasad highlighted this; DTA sprung into action four days later, holding a meeting on September 10, 2021. It held one more meeting three months later on December 13. It has not met since. The minutes of that meeting show that DTA reviewed three items: plans for setting up a possible tree adoption policy in Delhi, a review of greening targets for the year 2021-22 , and the forest department’s move to approach Forest Research Institute, Dehradun to carry out a study to assess the survival rate of transplanted trees.

This year, another RTI application by Prasad elicited the information that DTA has not carried out a single study on the number of trees being felled by construction projects since its inception — one of its mandates, according to the Delhi Preservation of Trees Act of 1994 (DPTA), following the passing of which it was created.

“DPTA is being used to facilitate felling of trees in the city, instead of saving them. The forest department only recently, in an undertaking before the High Court has said that it will formulate a Standard Operating Procedure for handling tree-related complaints. Delhi Tree Authority, had it met, could’ve done so much over the years,” Prasad said.

In accordance with the Act, DTA should have two representatives from local bodies, both nominated by the state government; two MLAs, again nominated by the state government; the deputy conservator of forests; the deputy commissioner of Delhi; and a chairman, the secretary of forests or an officer not below the rank of secretary, who is also nominated by the government. The chairman, since its inception has been the principal secretary (environment and forest). In the last meeting held in December 2021, the then chairperson and principal secretary environment and forest, Sanjeev Khirwar headed the meeting, with other members including Ishwar Singh, the then PCCF, forest department; Nisheeth Saxena, the then chief wildlife warden of Delhi; Mandeep Mittal, the then Deputy conservator of forest (headquarters); Kasturba Nagar MLA Madan Lal; Palam MLA Bhavna Gaur; R.K Singh, the then director (horticulture) of east MCD; Ashish Priyadarshini, the then director (horticulture) north MCD; S Chellaiah, the then director (horticulture), NDMC and the south MCD horticulture director too, the minutes of the meeting shows.

A senior forest department official, who is a member of the tree authority, said DTA plans to meet soon, but added that important issues are anyway discussed in routine meetings of the department, or through a ridge management board (RMB) meeting.

“There are no particular reasons as to why a meeting has not been held recently. We hold meetings as and when required. RMB has met recently and DTA will also hold a meeting soon,” the official said on condition of anonymity.

RMB is an autonomous body formed on the directions of the Supreme Court in 1995 to protect the Ridge areas in Delhi. Any proposal to carry out construction or development in the ridge also has to first be approved by RMB.

A retired forest official, who is a former member of DTA, admitted that “ meetings have not been held as often”, that a tree census was beyond the body’s means, and that in the meetings that were held, the body finalised “ tree pruning guidelines” and “the Delhi tree transplantation policy.” He also asked not to be named.

Environment activist Bhavreen Kandhari said DTA is the umbrella body that is supposed to oversee implementation of DPTA.

“Only last week, we received complaints of concretized trees in Vasant Kunj and this is largely true for all parts of the city. While rules exist that a one-metre radius should be left around trees, this is not being implemented. Similarly, at places, tree guards are installed and never removed, which practically eats into the tree,” she said, adding that all requests for permission for tree felling should also go through DTA first.