The Delhi High Court has asked the Central Empowered Committee (CEC) formed by the Supreme Court to look into the grievance of the petitioner regarding the effect of felling of over 11,000 trees for the construction of over the ground Metro Line Phase IV project in New Delhi.
A single-judge bench of Justice Prathiba M. Singh disposed of the petition with the above direction granting liberty to the petitioner to approach Delhi HC to avail legal remedy, if the grievance of the petitioner is not looked into by the CEC.
The Court passed its direction in a writ petition filed by Advocate Aditya N. Prasad and Dr P.C. Prasad, a surgeon, regarding the effect of felling of over 11,000 trees for the construction of over the ground Metro Rail line (construction of Phase-IV expansion project) in New Delhi and its direct and proportional effect on the ambient air quality, also seeking directions to change the nature of the project from above ground to underground.
The Counsel for the Petitioner submits that the construction of three corridors of Phase IV viz. Delhi Aero city – Tughlakabad, RK Ashram –Janakpuri (W), Maujpur – Mukundpur are being majorly constructed over ground which will lead to the felling of thousands of trees, and will cause irreparable damage and harm to the environment as well as health of the residents of New Delhi.
It was also submitted by the petitioner that some of the many sections where the metro is being built are also specifically identified as “deemed forests” as per the Affidavit submitted by the Conservator of Forest, Government of NCT of Delhi before the Hon’ble Supreme Court in T.N. Godavarman Thirumulpad v. Union of India and Ors. However, no forest clearance has been obtained for construction of the metro in these deemed forest areas.
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The counsel for the petitioner also submitted that despite sending representation, the DMRC went ahead and started the work on project and cut the roots of number of trees. The Petitioner also informed the Tree Officer, a restraining order was issued by the Tree officer to DMRC to cease all digging work near the trees and to cease all activity in the Najafgarh Drain area.
The Counsel for respondent (DMRC), Johri, submitted that the CEC has already fixed a meeting at 3 PM and the petitioner can join the meeting and make submissions. He submitted that the matter was taken up by the Supreme Court on February 2 and the CEC was formed and a time of four weeks was given.
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The bench has perused the order of the committee on earlier dates and the entire issue has been looked into by the Committee and the Hon’ble Apex Court, thereby disposing the application and directing the respondent (DMRC) to allow the petitioner to make a similar submission at the meeting.