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2022 Supreme(Del) 896

NAJMI WAZIRI
Delhi Development Authority – Appellant
Versus
Deputy Conservator Of Forests – Respondent


Advocates appeared:
Ms. Prabhasahay Kaur, St. Counsel for DDA with Ms. Kritika Gupta, Mr. Arkaj Kumar, Advocates with Mr S.K. Meena, Deputy Director, Horticulture, DDA with Mr Yashpal, SE-2, PCC, for the Petitioner; Mr. Avishkar Singhvi, ASC with Mr. Naved Ahmed, Advocate, for the Respondent

JUDGMENT

Najmi Wazri, J. (Oral) - Issue notice. Notice is accepted by learned ASC for the respondent. At joint request, the petition is taken up for disposal.

2. By application under s.9 of the Delhi (Preservation of Trees) Act, 1994, the petitioner DDA had sought permission to cut some trees (693) for a public project i.e., Construction of Storm Water Drain at Sector-8, Dwarka, to prevent upstream water-logging especially during the monsoon season, in and around Indira Gandhi International Airport, Delhi. The proposed remedial measure includes widening of the northern and southern stretch of the drain upto Najafgarh. The project site was inspected by the Tree Officer, he held enquiries and after considering the matter, the requisite permission was granted. By notification dated 17.05.2022, published in Delhi Gazette-Extraordinary, an area of approximately 4.33 hectare was exempted from provisions of s.9(3) of the Act. In effect, 637 trees were recommended for transplantation and 56 trees (keekar) were permitted to be cut. Compensatory plantation of 6930 trees (i.e. ten times of the number of trees which would be effected by the proposed project) was directed and an amount of Rs. 3,9

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