The Delhi government has issued a special exemption to facilitate a crucial drainage project in the northwest part of the capital, a move that directly concerns the fate of 84 trees. The exemption was granted under the Delhi Preservation of Trees Act, 1994, for the construction of a trunk drain stretching from Kirari to a supplementary drain near Rithala.
Why Was a Special Exemption Needed?
According to an official notification dated January 1, 2026, Lieutenant-Governor Vinai Kumar Saxena approved the exemption for a 3.2-hectare area. This step was necessary because the existing law, specifically Section 9(3) of the Act, typically allows tree authorities to process permissions for projects covering only up to one hectare at a time. Since the drainage project's area exceeds this limit, a special provision had to be invoked.
The order, issued by Vijay Kumar Bidhuri, the Secretary (Environment and Forests), on the L-G's direction, formally exempts the project site "from the limitation of maximum one hectare area under sub-section (3) of Section 9 of the said Act." The notification also includes detailed geographical coordinates marking the exact boundaries of the exempted zone between Kirari and Rithala.
Exemption Does Not Mean Permission to Cut Trees
The government has taken pains to clarify a critical distinction. The exemption granted under Section 29 of the Act in the public interest is not an automatic green signal for felling or transplanting the trees. The notification explicitly states that it shall not be considered as permission for transplantation or felling of trees.
The proposal was originally submitted by the Delhi Development Authority’s Rohini Project Division-I, which sought approval for the handling of 84 trees that would be impacted during the first phase of the drain's construction. This application was reviewed by the Tree Officer of the North Forest Division.
Any decision regarding the actual transplantation or felling of these 84 trees will be examined separately and independently by the Tree Officer. This examination will be conducted under existing laws, rules, guidelines, and relevant court orders. The authorities have also been directed to work towards minimising the number of trees that are ultimately affected.
A Precedent for Infrastructure vs. Environment
This is not an isolated case. The Delhi government has granted similar exemptions in the past to expedite public infrastructure projects. Last year, The Indian Express reported an exemption for a government housing project in Kasturba Nagar Phase-II, which involved potential action concerning 856 trees.
The Kirari-Rithala drain project highlights the ongoing balance the city administration must strike between essential urban development and environmental conservation. While the exemption clears a procedural hurdle for a public utility project aimed at improving drainage, the separate and forthcoming decision on the 84 trees will be the true test of its environmental commitment.
