• Delhi Preservation of Trees Act 1994

I own one acre of agricultural land in Delhi. I had planted mustard in it from Nov’ 17 - Mar’ 18. Upon visiting the field for cultivation in Nov’ 18, I found out that around 50 'jungli kikar' trees have grown on my agricultural land. As per the definition in Sec 2 of Delhi Preservation of Trees Act 1994, a tree means any woody plant whose trunk is not less than 5 cm in diameter at a height of 30 cm from the ground level and is not less than 1 metre in height from the ground level. Most of the 'jungli kikar' in my field measures around 1.2 metre in height and 8-9 cm in diameter at a height of 30 cm from the ground level. Please advise me how should I go about cutting these trees. 

There is one more confusion. In Sec 9 of Delhi Preservation of Trees Act 1994, it is mentioned that any person desiring to remove a tree shall make an application to the concerned Tree Officer for permission with ownership documents of the land and girth measure of trees at a height of 1.85 metres from ground level. While in Form B i.e. Form of application for permission for felling a tree under Sub-rule (1) of Rule 4 of Delhi Preservation of Trees Rules 1996, it is mentioned that girth measure of trees at a height of 1.85 metres from ground level needs to be reported. What should be regarded as the measure of height to constitute a tree, 1.85 metres from ground level as mention in the Act or 1.35 metres from ground level as mentioned in the rules?
Asked 7 years ago in Civil Law

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6 Answers

Sir firstly the height and diameter as per act needs to be cosidered, as 1.35 meterers state in rules the Grith is just that you need to mention same in the Forms given while taking permission it is not defination of tree it is just infromation they obtain to decide the case(just a detail in application form B)

Now you have to ways first engage a tractor in night peacefully uproot the trees silently but just donot trasport same  just make sure they are chopped in filed into small locks and in future slowly can used as firewood. Now i would strictly not sugges you first way as it is illegal you need to file an application in FOrm B fill in all relevant details and ask for permission and when the permission is granted you need to report same.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If a person desires to cut, dispose or fell a tree then the person has to make an application to the concerned Tree officer for permission. Such application (has to be accompanied by attested copies of such documents as 

Ownership over the land.The number and kind of trees to be cut.The reason for cutting the tree.After inspection, the Tree Officer may either grant permission in whole or in part or for the reasons recorded in writing.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Obtain permission from tree authority for cutting the jungle trees in your land as they are at height of30 cms from ground level and 8-9 cms in diameter 

 

2) measure of height to constitute a tree should be 1.85 metres as mentioned in act 

 

3) provisions of rules cannot over ride provisions of act

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been going into the right directions as been going through the act of law for your desire for felling the trees.
  2. Yes, you need to make an application for the same as mentioned in the act itself.
  3. Thereafter, an inspector would come to inspect the same to see as to whether it has been falling under the ambit of category of felling tree as per the definition and description of the trees given in the act or not.
  4. Once it is said to be on by inspector, trees would be fallen by the department staff only.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Don't ask permission to cut the trees , ask some contractor that you wants to sale out these trees then he automatically will get the permisssion and your headche will go and as far as I am of the opinion that in Delhi there are some contractors who do this work and they have valid licence for the purpose.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You may tender an application before the concerned authorities giving the actual description of the trees in your farm, while requesting permission for felling the trees.

The officials may make a visit to inspect them and would give a report as per their inspection.

HYou can also prepare a report from your side and present your arguments before the forum and try to get the desired result 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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