7th September 2018

Arvind Kejriwal Chief Minister Government of NCT of Delhi 3rd level, Delhi Secretariat, I.P. Estate, New Delhi-110002. Email: [email protected]

Subject: Selective and imbalanced implementation of Delhi Preservation of Trees Act (DPTA), 1994 to facilitate felling of trees in the city.

Dear Shri Kejriwal,

As you are aware, the issue of felling of trees in Delhi has once again drawn the attention of citizens, the media and courts. Delhi’s citizens are taking particular interest in the litigation in courts on this matter as it has implications for the region’s chronic air pollution crisis, unresolved water stress, transport and sewage related emergencies. Our city is locked into these interlinked crises and needs radical measures, which your government can undoubtedly deliver.

In light of this, we appreciate your government’s efforts to undertake a tree plantation drive tomorrow (Annexure 1). At the same time, we are astonished at the destruction of existing urban tree cover being facilitated by the government’s selective and limited implementation of the DPTA, 1994. As you would be aware, urban trees have become the frontline defense against heat, water, pollution and climate stresses faced by cities. An empirical study by urban ecologist Dr Harini Nagendra provides evidence for the need to protect standing trees in cities. (Annexure 2) So, we urge you to not only encourage tree planting, but more importantly, make protection to urban tree cover a critical part of your measures to improve the city’s environment and public health.

We are particularly concerned with the response submitted by the Delhi Forest Department in Writ Petition (Civil) 6680/2018 which was heard in the Delhi High Court yesterday, where the department sought permission to restart felling of trees in the national capital. The felling of trees was banned by the bench comprising of Acting Chief Justice Gita Mittal and Justice C. Hari Shankar, by orders dated 4.7.2018 and 26.7.2018. The application filed by the Delhi Forest Department in the abovementioned case has strongly pushed for restoring its power to fell trees and grant permissions for the same (Annexures 3a and 3b).

Besides, being so wrong for a city grappling with an environmental crisis, the arguments put forth by the Delhi Forest Department are liable to legal challenge for the following three reasons:

1. Selective implementation of the law, in contravention of the Preamble of the DPTA, 1994: The DPTA, 1994 and corresponding 1996 Rules were enacted with the primary objective of preservation of trees in the city. This is embedded in the preamble of the law, which states: “To provide for the preservation of trees

1

in the National Capital Territory of Delhi.” Over the years the implementation of the law appears to have been limited to processing applications for felling of trees by the designated Tree Officer. Moreover, the approval provisions are being implemented without heeding the several critical requirements of the law prior to grant of felling permits. This includes making functional the Delhi Tree Authority, undertaking a comprehensive tree census, realizing compensatory plantations (where trees have already been lost). By processing the approvals for tree felling without implementing the other proactive and progressive clauses, the government the government has turned the DPTA into a permit- granting machine. Annexure 4 is a news report, which states that no tree felling permissions have been rejected in the last three years. In effect, the selective implementation by government has turned DPTA into a law that is against public interest.

2. Felling permissions granted despite a non-functional Delhi Tree Authority: There have been numerous reports in the media, which state that the Delhi Tree Authority that has several oversight functions, has been non functional for the last three years and has met only once in this period (Annexure 5). The Delhi Forest Department website indicates that the Authority was last constituted in 2016, with several executive and legislative members on it. A copy of the same is attached (Annexure 6) Preservation of all trees is the first duty of the Delhi Tree Authority. The other functions of the Authority include “undertaking critical studies of the proposals of various government departments and private bodies”, carrying out tree census and overseeing the compensatory plantations. With the Tree Authority dysfunctional, there is no oversight for the review of proposals such as the redevelopment of 7 GPRA colonies that involve the felling of over 14000 trees. As per law, the Tree Authority should have studied these proposals before the decision to permit tree felling were granted by the concerned Tree Officer.

3. Felling of trees without a comprehensive tree census: If the provisions of the DPTA were implemented as required and the Tree Authority functional, we would have had a comprehensive tree baseline in place through a tree census. This would help to establish the present status of Delhi’s trees and identify ways to protect them. But under your government, the Forest department has permitted large scale tree felling without a clear baseline of trees in Delhi. The last reported tree census figures of 2015 as per your own website indicates that Delhi has only 28412 (Annexure 7). This seems far from true. Just the felling of trees for the redevelopment of 7 GPRA colonies is 16500 (As per EIA reports) (Annexure 8). And if you would like to go by the 2015 census, the government should simply not allow any more tree felling given there are so few left.

The AAP government has always claimed to have acted in the interest of citizens and has committed to addressing Delhi’s air pollution and water crisis. The protection of trees and green spaces through participatory and inclusive measures is central to meeting those commitments. Trees and green spaces are not just an ecological concern but are equally important to uphold social justice as these can be public resources available to all citizens, irrespective of class, gender and age.

A critical lacuna in the DPTA, 1994 is the lack of any public participation provisions for reviewing tree felling permissions or securing partnership the tree census. Your government’s ideology has been to ensure citizen involvement in Delhi’s governance. This should be extended to how Delhi’s green areas are conserved and managed. While

2

in the long run it will be important to enact Rules under the DPTA to introduce public hearings for infrastructure and real estate projects that involve tree felling, for now, there is nothing that stops the government from doing so in public interest. The government can set an example by forming joint partnership between citizens and the government to undertake tree census, carry out public audits of compensatory plantations sites and hold jun sunwai for projects that require tree felling.

We urge you to undertake the following measures at the earliest in light of the above concerns.

a) Re-establish the Delhi Tree Authority by appointing urban planners, environmental water conservation organisations /individuals RWAs and legal experts as members. b) Declare that no tree felling permission will be granted without the critical assessment of a reconstituted and proactive Tree Authority. c) Set up joint partnership schemes between citizens and the Delhi Forest Department for a long due comprehensive Tree Census and tree audits. d) Restrict Tree Felling and grant of permissions (unless it is damaging to health or life) until all of the above are in place.

We look forward to strong leadership by your government in this matter and reinstate the DPTA as a law that protects the ecology and citizens of Delhi.

Sincerely

Kanchi Kohli and Manju Menon

CC: Manish Sisodia, Deputy CM, GNCTD ([email protected]) Imran Hussain, Environment Minister, GNCTD ([email protected]) Saurabh Bhardwaj, MLA and Spokesperson, AAP( [email protected])

3