After the Deputy Conservator of Forest (DCF) informed the court that earlier clearances given to the highways body have expired,The Delhi high court tells NHAI to seek fresh permission for cutting trees for the construction of a flyover on road no 226 in Dwarka sector 22-23.
Justice Prathiba M Singh, while hearing a plea, said the application of the NHAI seeking renewal of permission will be decided within two weeks.The DCF, during the hearing on March 17, told the court that the earlier permission taken by NHAI in September 2019 was valid only for three months.
“Accordingly, the NHAI is directed to apply for renewal of the said permission, which shall be considered in accordance with the applicable Rules by the Respondent No. 4 – Department of Environment, Forests and Wildlife, GNCTD,” the court said in its order on March 17.
The order came on a plea filed by the cooperative group housing societies (CGHS) and residents of Sectors 22 and 23, where approximately 50 apartment societies and 12 schools are located along Road no 226. The plea has alleged that no permission was taken to cut about 980 trees and 1,500 shrubs and neither was any other mandatory clearance obtained for the flyover construction.
The plea, filed through advocate Anand Varma, has contended that the construction is being carried without having obtained the necessary permissions/approvals from Delhi government, the Delhi Development Authority (DDA) and the Delhi Pollution Control Committee (DPCC).
It has said that under the garb of execution of the Dwarka Expressway Package 2, the construction is being carried out “for the ulterior and extraneous purpose of providing connectivity to an exhibition and convention centre”.
On March 10, the court had noted that the project is an important project and the concerns of the residents are also valid. It had then directed the DCF, who had earlier granted the permission in 2019, to appear before the court.
On March 17, the forest conservator told the court that permission was granted to the NHAI on Sep 14, 2019 for removal of 1047 trees in Sector 20 to 22, Dwarka. However, the approval expired after 90 days and no renewal has been sought by NHAI.
The court, noting this, asked the NHAI to seek fresh permissions and posted the matter for further hearing on May 4. It also granted one last opportunity to the DDA to file their response on the plea.
The petition has alleged that the “unapproved” construction carried out by the NHAI, to which the other authorities have turned a blind eye, would lead to exponential increase in traffic, air and noise pollution in addition to the creation of traffic bottlenecks, increase road safety issues for residents, not to mention the impact wrought by the felling of trees on the residential road.
It also claimed that the residents were not consulted before the work began. Varma has said that from an RTI (right to information) reply given on July 22, they got to know that there was no record of the road being handed over to the NHAI.
