THE DELHI PREDERVATION OF TREES ACT, 1994

CHAPTER V

Restrictions on felling and removal of trees and liabilities for preservation of trees
  1. Restrictions on felling and removal of trees______ Notwithstanding anything contained in any other law for the time being in force or in any custom or usage or contract and except as provide in this Act or the rules made there under, no person shall fell or remove or dispose of any tree or forest produce in any land, whether in this ownership or permission of the Tree Officer.

    Provided that if the tree is not immediately felled. There would be grave danger to life or property or traffic, the owner of the land may take immediate action to fell such tree and report the fact to the Tree Officer within twenty-four hours of such felling.

  2. Prodedure for obtaining permission to fell, cut, remove or dispose of, a tree.---
    1. Any person desiring to fell or remove or otherwise dispose of, by any means, a tree, shall make an application to the concerned Tree Officer for permission and such application shall be accompanied by attested copies of such documents as may be prescribed in support of ownership over the land, the number and kind of trees to be cut their girth measure at a height of 1.85 meters from ground level and the reasons therefore, copy of sajra showing clearly the site and khasra numbers of the property.
    2. On receipt of the application, the Tree Officer may, after inspecting the tree and holding such enquiry as he may deem necessary, either grant permission in whole or in part or for reasons to be recorded in writing, refuse permission.
        Provided that such permission may not be refused if the tree:-
      1. is dead, diseased or wind fallen; or
      2. is silviculturally mature, provided it does not occur on a steep slope; or
      3. constitutes a danger to life or property or
      4. constitutes obstruction to traffic ;or
      5. is substantially damaged or destroyed by fire, lightening, rain or other natural causes ;or
      6. is required in rural areas to be cut with a view to appropriating the wood or leaves thereof or any part thereof for bonafide use for fuel, fodder, agricultural implements , or other domestic use.
    3. The Tree Officer shall give his decision within sixty days from the date of receipt of the application:

      Provided that no permission shall be granted to any person from the same area on more than two occasions during the same year subject to a maximum area of one hectare at a time.

    4. If the Tree Officer fails to communicate his permission on request within the period specified under sub-section (3), the permission referred to in section 8 shall be deemed to have been granted.
    5. Every permission granted permission under this Act shall be in such form and subject to such conditions, including taking of security for ensuring regeneration of the area and replanting of trees or otherwise, as may be prescribed.
  3. Obligation to plan trees- Every person, who is granted permission under this Act to fell or dispose of any tree, shall be bound to plant such number and kind of trees in the area from which the tree is felled or disposed of by him under such permission as may be directed by the Tree Officer :

    Provided that the Tree Officer may, for reasons to be recorded in writing , permit lesser number of trees to be planted or trees to be planted in any different area or exempt any person from the obligation to plant or tend any tree.

  4. Preservation of trees-
    1. Subject to the provisions of section 13 it shall be the duty of the owner of the land to comply with an order made under section 9, or a direction issued under section 10 and to plant tress in accordance with such an order or direction and to ensure that they grow well and are well preserved.
    2. All the owners shall effectively protect all lands or trees growing in the lands or the areas under their control and where the Tree Officer is of the opinion that adequate measures have not been taken to protect the tress from any damage, he may direct the owner to take such measures as are considered necessary to protect trees from damage. In case of default, the Tree Officer may himself arrange such measures and recover the expenditure thereon from the owner in the prescribed manner.
  5. Implementation of order made or direction given under sections 9 and 10 and recovery of expenditure on failure to comply with them. -
    1. Every person who is under an obligation to plant trees under an order made under section 9 or a direction given under section 10 shall start preparatory work within thirty days of the date of receipt of the order or directions, as the case may be and shall plant trees is accordance with such order or direction in the ensuing or following rainy season or within such extended time as the Tree Officer may allow and shall provide adequate and effective protection to the trees that exist or are planted in the land or the area from any damage
    2. In case of default by such person, the Tree Officer may cause trees to be planted and may recover the cost of plantation from such person in the prescribed manner.
  6. Adoption of trees.--- Notwithstanding anything contained in this Act or in any other law for the time being in force, the Tree Authority may, subject to such terms and conditions as it may specify in that behalf, after giving notice to the owner of the tree to show cause, if any, as to why the trees should not be given in adoption, allow, by a written permission, anybody corporate or institution to adopt the tree for such period as may be specified in the permission and during such period, the said body corporate or institution shall be responsible for the maintenance and preservation of the said tree.
  7. Appeal.---
    1. An appeal shall lie against the order or direction of the Tree Officer under sections 9, 10 and 11 to the Appellate Authority within a period of thirty days of passing order or direction by the Tree Office.
    2. Every appeal under this section shall be made by a petition in writing and shall be accompanied by a copy of the order or direction appealed against and a fee of rupees ten.
    3. In disposing of an appeal, the Appellate Authority shall follow such procedure as may be prescribed :

    Provided that no appeal shall be disposed of unless the appellate has been given a reasonable opper tunity of being heard.