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Judgment
In this Original Application, applicant has challenged the Request for Proposal (RFP) number RLDA/RFP/CD-85 of 2022 dated 19.12.2022 issued by the respondent no. 1 for the combined plot MU4+MU5+MU6 Railway Land Parcel, admeasuring approximately 1,24,000 sq. mtrs. situated along New Bijwasan Railway Station, Delhi.
The allegation of the applicant is that a piece of land for which RFP has been issued is a part of forest land and in terms of Section 2 of Forest (Conservation) Act, 1980, permission of the Central Government has not been obtained. Further plea is that there are as many as 1100 trees standing on the land which will be cut in the process of implementation of the project.
Tribunal, on appearance of the respondents, had given them opportunity to file the response. On 28.11.2023, considering the question involved in the matter, notice to unrepresented respondents were also issued and respondent no. 3 was directed to file the response and clarify if the land in question is a forest land.
A short affidavit on behalf of the respondent no. 1 i.e. Rail Land Development Authority has been filed disclosing that the Ministry of Railways has decided to re-develop the existing railway station through Indian Railway Station Development Corporation Limited (IRSDC) as nodal agency in order to reduce the vehicular traffic on railway network in Delhi and to decongest New Delhi Railway Station. The Master Plan for Delhi 2021 proposes several Directional Metropolitan Passengers Terminals in Delhi including two such Directional Metropolitan Passengers Terminals at Bijwasan (South West Delhi-Dwarka Project) (the project in question) and Anand Vihar (East Delhi). The details of the project have been disclosed in the affidavit. In respect of ownership and nature of the land, the stand of the respondent no. 1 is as under:-
“THE SUBJECT LAND
Ownership - In order to implement the execution of said Project i.e.. Directional Metropolitan Passenger Terminal at Bijwasan (South-West Delhi Dwarka Project), the Delhi Development Authority (hereinafter referred to as "DDA") allotted Subject Land admeasuring 110.07 Hectares at Bijwasan. Sector 21, Dwarka vide letter No.F35(61)07/IL/84 dated 21.01.2008 for redevelopment of Bijwasan Railway Station. I state that the Subject Land was handed over by DDA to Ministry of Railways on perpetual lease basis for development of Bijwasan Railway Station Mega Project in Year 2009-10. At the time of handing over, the Subject Land was a barren land and it was neither a notified forest land nor any significant vegetation was existing as shown in Google Earth photograph. Accordingly, a Memorandum of Understanding dated 19.12.2019 (hereinafter referred to as "said MoU") was also executed between DDA and Respondent No.1. Now the Respondent No.4. being a successful bidder pursuant to said RFP, is in possession of Subject Land. Copy of Letter issued by DDA handing over of possession of Subject Land is annexed herewith and marked as ANNEXURE R-2. The Google Earth photographs at the time of handing over is placed as ANNEXURE R-3. Copy of the MoU dated 19.12.2019 is annexed herewith and marked as ANNEXURE R-4.
Location- The Subject Land is a part of planned development as per Master Plan for Delhi (MPD) - 2021. I state that the neighbourhood of the Subject Land is a densely populated areas. The Subject Land is located close to the Indira Gandhi International Airport and various Sectors of Dwarka, including Sector 21 of Dwarka. All nearby areas of the Subject Land are densely populated areas.
SUBJECT LAND-NOT A FOREST LAND OR DEEMED FOREST
I state that the Subject Land is nether a Forest Land nor a deemed Forest. The Subject Land is not forest as per the Master Plan of Delhi nor as per municipal revenue records. In the year 2012, when the Subject Land was handed over by DDA to Ministry of Railways it was a completely barren land with no tree(s) nor any significant vegetation. Over a period of time, some trees and shrubs have grown on the Subject Land, however, the Subject Land is not even a park or a designated park.
As the Subject Land has some trees which are required to be taken care of during the planning and/or development stage, the Respondent No. I vide clause 30 of the special conditions of Lease Agreement, in the said RFP expressly mentions that the successful bidder (Respondent No.4 in the present case) shall obtain all necessary approvals, permissions from all concerned Authorities as per applicable law. Thus, the Respondent No.4 in the present case shall take all approvals and permissions, if any, in relation to the Subject Land under the applicable law.
Clause 1.1.12 of RFP Part-III i.e. Instructions to Bidders and Bid Forms is reproduced below which states:
"The Forest/ Tree Clearances will be required to be obtained as per the Development requirements and as per Unified Building Bye-laws 2016 for Delhi (amended up to date), which will be the sole responsibility of the Bidder including providing land for mandatory transplantation/ compensatory plantation as required by applicable laws. RLDA will provide all possible official support in the processing of Forest tree felling clearance. However, RLDA will not be responsible for any delay whatsoever it may be on this account."
It is also stated in the reply that till date there has not been any felling of the trees on the subject land by respondent no. 1 and even development work/project work has not yet commenced. Further stand of the respondent no. 1 is that prior permission of the Central Government under Section 2 of Forest (Conservation) Act, 1980 is not required for works on railway lands and that Ministry of Environment, Forest and Climate Changes vide letter dated 10.03.2022 has clarified that the need for obtaining approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980 will not arise for execution or maintaining the railways work on railways own land.
The affidavit dated 12.02.2024 on behalf of Deputy Conservator of Forest, West Forest Division has been filed stating that Department of Forest and Wildlife, GNCTD has checked all the relevant documents available in the office regarding the land in question and that as per the document available, the said land is not notified forest land. The affidavit vaguely states that the status of the land as deemed forest is not ruled out.
Additional affidavit on behalf of respondent no. 1 dated 12.02.2024 has been filed stating that the subject land is neither declared or notified forest land nor is a forest land as per Government record and that the subject land is excluded from the scope of the one (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 [earlier known as Forest (Conservation) Act, 1980)]. Applicant has filed the rejoinder dated 14.12.2023 objecting to the plea taken by the respondents in their response.
Submission of the learned Counsel for the applicant is that the subject land is a forest land and that respondent no. 1 has cut the trees standing thereon. In support of his submission, he has placed reliance upon the newspaper reports on pages 215 and 221 of the paper-book. He has also placed reliance upon the affidavit of Conservator of Forest, Government of NCT of Delhi dated 15.09.1997 filed before the Hon’ble Supreme Court in WP (C) No. 202/1995, T.N. Godavarman vs. Union of India and has submitted that the land in question is a deemed forest. He has further submitted that the amendment subsequent to the filing of the OA in the Forest Act will not be applicable.
Learned Counsel for respondent no. 1 has submitted that considering the total area of the land and the number of trees alleged thereon, the land does not fall in the category of deemed forest and that even otherwise, the Forest (Conservation) Act, 1980 has been amended and under the amended provision, there is no concept of deemed forest. He has further submitted that all Laws will be followed while implementing the project.
Learned Counsel for respondent no. 4 has submitted that the newspaper cuttings relied upon by the Counsel for the applicant relates to different projects concerning train terminal project whereas the present project relates to mix use development of residential and commercial activities on the subject land.
We have heard learned Counsel for the parties and perused the record.
The Tribunal by the order dated 28.11.2023 had directed the respondent no. 3 to file the response and clarify if the land in question is a forest land.
Respondent no. 3 has filed the response in the form of affidavit on behalf of Deputy Conservator of Forest, West Forest Division clearly stating that as per the available document, subject land is not a notified forest land. No material has been produced by the applicant to dispute it. Along with the application, applicant has not produced any cogent material to show that the land in question is a forest land. The reliance on the newspaper cuttings on page 5 as Annexure A-3 is misplaced because from that newspaper cutting, it cannot be ascertained that the news report is in respect of the same project for which the applicant has made allegation in this OA. That apart, learned Counsel for respondent no. 1 has pointed out that these news items are dated 18.07.2022 and 25.06.2022 whereas, the request for proposal is dated 19.12.2022, much after the news reports. Therefore, the news relating to illegal felling of trees cannot be connected with the present project. Hence, we find that the applicant has not produced any material to show that the subject land is a forest land.
So far as the issue relating to deemed forest is concerned, the reliance of the applicant is on para 3 of the affidavit dated 15.09.1997 filed by the Conservator of Forest, Government of NCT Delhi before Hon’ble Supreme Court in WP (C) No. 202/1995 which reads as under:-
“3. That the committee has taken decision to identify areas above 2.5 acre having density of 100 trees per acre as well as stretches of land along roads, drains etc. having length of 1.0 Km. besides areas already shown as forests/etc. in revenue land records.”
Counsel for respondent no. 1 has pointed out that DDA vide Annexure R-2 had handed over the possession of about 110.07 hectares of land to the Railways for Integrated Metropolitan Passengers Terminal (IMPT). He has also pointed out the plea of the applicant in paragraph 3.10 of the Original Application that there are 1100 trees at the subject land. Hence, he submits that on calculating the number of alleged trees standing on per acre of land even in terms of paragraph 3 of the affidavit of Conservator of Forest filed before Hon’ble Supreme Court, this land does not fall under the category of deemed forest.
That apart, we also find that the Forest (Conservation) Act, 1980 has been amended by the Forest (Conservation) Amendment Act, 2023 and amended Section 1(A) does not cover deemed forest.
In addition, we also find that in part 4 of the RFP relating to special conditions of lease agreement, it has been clearly stipulated that:-
“
Sub-title
SCLA
Clause No.
Ref. GCLA
Article No.
Provisions
N.O.C. for
cutting of trees
30
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The site is having some trees which are required to be taken care during the planning or
removal/cutting/transplantat ion of the same will have to be done by the developer.
The selected developer shall have to obtain necessary permission for cutting of trees, existing on subject site, if required, as per extent rules, regulations and guidelines of the Delhi government in this regard.
Learned Counsel appearing for respondent no. 1 has also made a categorical statement before the Tribunal that all laws will be followed at the time of implementation of the project and in the response filed before the Tribunal also, it has been stated that:-
“10. As the Subject Land has some trees which are required to be taken care of during the planning and/or development stage, the Respondent No. I vide clause 30 of the special conditions of Lease Agreement, in the said RFP expressly mentions that the successful bidder (Respondent No.4 in the present case) shall obtain all necessary approvals, permissions from all concerned Authorities as per applicable law. Thus, the Respondent No.4 in the present case shall take all approvals and permissions, if any, in relation to the Subject Land under the applicable law.
Clause 1.1.12 of RFP Part-III i.e. Instructions to Bidders and Bid Forms is reproduced below which states:
"The Forest/ Tree Clearances will be required to be obtained as per the Development requirements and as per Unified Building Bye-laws 2016 for Delhi (amended up to date), which will be the sole responsibility of the Bidder including providing land for mandatory transplantation/ compensatory plantation as required by applicable laws. RLDA will provide all possible official support in the processing of Forest tree felling clearance. However, RLDA will not be responsible for any delay whatsoever it may be on this account."
Hence, we are of the view that adequate precautions have already been taken to prevent illegal felling of trees. Even otherwise we make it clear that respondents during the implementation of the project, will not cut any tree unauthorizedly or illegally and will follow all the environmental norms including compensatory plantation and will carry out the activity on the subject land only with due approval and compliance of the conditions imposed by the environmental authorities.
In the circumstances noted above, we find no ground to interfere in this OA which is accordingly dismissed.