Green law tussles keep Delhi’s PWD, forest department at odds

Forest officials said they are willing to conduct sensitisation workshops for all agencies; however, the PWD in particular seemed to have ”learned” nothing from its past mistakes.

From being fined over ₹70 lakh to being issued multiple restraining orders, Delhi’s public works department (PWD) has come in conflict with the state forest department at least six times over the past 18 months for violations that include digging within one metre of trees, damaging trees, felling trees without permission and carrying out work in deemed forest areas.

A PWD official said numerous street-scaping projects were being undertaken across the city, with the department assisting the forest department wherever required. (Representative image/HT Archive)

Some of these violations have occurred despite a Delhi high court mandated workshop being held by the forest department last year, in which all civic and land owning agencies were explained the basic rules of the Delhi Preservation of Trees Act and the activities that were harmful to trees.

The workshop was conducted after 42 trees were found damaged on Meera Marg in Lodhi Colony, during a drain construction work by the PWD. The first inspection in September 2020 found 30 trees damaged, while a second inspection in January 2021 found another 12 trees damaged.

Forest officials said they are willing to conduct more sensitisation workshops for all agencies; however, the PWD in particular seemed to have ”learned” nothing from its past mistakes. “We have seen repeat violations. Restraining orders are violated at will in several instances. Since the PWD is a government department, we were a bit lenient in the initial few instances, but even a year after the workshop, the same violations are being repeated,” said a senior forest official, on condition of anonymity.

A second official said the forest department is prompt in giving permission for felling trees, if deemed unavoidable for development works in the city. However, in a few instances , trees were being felled by the PWD without even seeking permission. “If a project is important in terms of decongestion or development, trees may be felled in lieu of compensatory plantation, but we have noticed that due permission is not taken from us. Trees are also damaged in digging or trenching work too close to the roots, which then leads to the tree drying up and dying,” said the official, asking not to be named.

Verhaen Khanna, co-founder of the NGO, New Delhi Nature Society, filed at least three petitions before the Delhi high court the past year over tree-related violations by the PWD. He said there are countless stretches in Delhi where trees are still concretised completely. “The PWD officials must be aware of the rules by now, but even then, a gap of one metre is not left around the tree. Street-scaping or trenching activities are being done too close to trees, which damage the trees and, in most cases, they die,” said Khanna, who recently filed a complaint with the south forest division over 10 trees being damaged in CR Park’s Bipin Chandra Pal Marg.

In the CR Park case, an inspection by the forest department led to a restraining order being issued to the PWD, but that too was ignored by the road agency. “In the first inspection, around 10 trees were found to be damaged. Later, five more trees were damaged, after the PWD resumed work in violation of the restraining order,” said a forest official from the south division, asking not to be named.

Khanna was the complainant in the Meera Marg incident and it was he who alerted the forest department about trees being damaged on Ring Road, between Moti Bagh and Mayapuri. A restraining order was issued in that instance as well, and an inspection later revealed that the area in question was a deemed forest.

A deemed forest is an area that has not been notified as forest yet, but is ”deemed” to be one as it has over 250 trees per hectare.

In addition to these violations, PWD was also fined over ₹70 lakh in the past last two months. The first fine of around ₹38.7 lakh came for failing to de-concretise trees in south Delhi’s Vasant Vihar. A case in this regard is being heard by the Delhi high court, which had asked for over 5,000 trees to be de-concretised in the residential neighbourhood. While the PWD was supposed to de-concretise 1,793 falling under its jurisdiction by January 5, 2022, it failed to do so even a month later, when the fine was eventually imposed.

In the second instance, a fine of ₹33.4 lakh was imposed on the PWD on March 8, for damaging 82 trees in east Delhi’s Vikar Marg. According to forest officials, three trees were felled without permission and 79 trees had their roots exposed in the trenching work carried out for street-scaping purposes. Apart from the fine, the PWD has also been told to plant 820 saplings —10 each for every tree damaged.

Vallari Sheel, a researcher and urban ecologist, who was part of the workshop conducted by the forest department last year, said following basic guidelines should not be too difficult for officials. “We explained to officials that concretised trees are at a risk of falling and that they will not provide the same ecological benefits as a healthy tree. For any digging work, it should not be too difficult to avoid the area around a tree in order to protect its roots,” she said.

The Delhi government, under which the two departments fall, refused to comment on the problem.

A PWD official said numerous street-scaping projects were being undertaken across the city, with the department assisting the forest department wherever required. “Permissions are sought if a tree has to be removed, but in most cases, efforts are made to avoid felling the tree altogether. We have also issued instructions to all project contractors to ensure that no debris or concrete surrounds a tree,” the official, asking not to be named.