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Delhi Preservation of Trees Act (DPTA), 1994
Context:
On June 26, a Supreme Court Vacation Bench directed the Delhi government and DDA to take effective measures to increase Delhi’s green cover amidst the extreme heat wave.
Extent of Green Cover:
- Largest Forest Cover Among Megacities: According to the ‘India State of Forest Report 2021’ (ISFR) by the Forest Survey of India (FSI), Delhi has the largest forest cover among seven major megacities with 195 sq. km, followed by Mumbai (110.77 sq. km) and Bengaluru (89.02 sq. km).
- Forest and Tree Cover: Delhi’s forest cover constitutes 13.15% of its geographical area, while its tree cover spans 147 sq. km (9.91%).
- Increase in Green Cover: The overall green cover (forest and tree cover) has increased from 151 sq. km (10.2%) in 2001 to 342 sq. km (23.6%) in 2021.
Protection of Trees:
- Delhi Preservation of Trees Act (DPTA), 1994: This act provides legal protection to trees against actions harming their growth or regeneration.
- Definition of Tree Felling: Includes severing the trunk, uprooting, bulldozing, cutting, girdling, lopping, pollarding, applying arboricides, burning, or any other damaging method.
- Permission Requirement: Under Section 8, no tree or forest produce can be removed without permission from the ‘Tree Officer’, who must respond within 60 days.
- Penalties: Violation of the Act can result in up to one year of imprisonment, a fine up to ₹1,000, or both.
- Tree Authority: Responsible for conducting tree censuses, managing nurseries, and reviewing construction proposals.
- Tree Transplantation Policy, 2020: Mandates that 80% of identified trees slated for felling must be transplanted. However, only 33.33% of transplanted trees survived as per a 2022 affidavit.
Case Against the DDA:
- Contempt Petition: Filed against DDA’s Vice Chairman Subhashish Panda for felling about 1,100 trees in violation of SC orders for road expansion in the eco-sensitive zone around Asola-Bhati Wildlife Sanctuary.
- Unauthorised Tree Felling: Despite SC’s order to re-examine the proposal, tree felling started on February 16 and continued for ten days before seeking court permission.
- Misleading the Court: The DDA misled the court by seeking permission after the tree felling work had already started. The court pulled up the DDA for not providing records of the Delhi LG’s site visit.
- Supreme Court’s Directive: The SC halted the DDA’s work and directed a team from the FSI to assess the environmental damage.
Next Steps for Delhi:
- Impact of Tree Felling: Amid an extreme heatwave, rampant tree felling worsens hardships by reducing urban forests that act as carbon sinks and reduce the urban heat island effect.
- Policy Reform: Consider increasing the penalty from ₹1,000 to ₹5,000 under the DPTA, 1994 to better align with current realities.
