Explained: Delhi Preservation Of Trees Act (DPTA), 1994 And Rules On Tree Pruning

The Delhi High Court has stayed the pruning of more than 800 trees in the Vasant Vihar neighbourhood of Delhi, overturning an order by the National Green Tribunal.

The High Court ruled that a more detailed assessment should be carried out before the trees are trimmed, citing guidelines issued by the Delhi Government's Department of Forests & Wildlife in 2019. These guidelines were referred to in the NGT's original order.

The plea challenged an NGT order that stated that any necessary tree pruning would be carried out by the civic authorities, MCD or DDA, in accordance with the Delhi Preservation of Trees Act (DPTA) and guidelines issued by the Tree Authority for Pruning of Trees.

The order was issued in the case of Professor Dr. Sanjeev Bagai & Ors. vs. Department of Environment GNCTD & Ors on January 19.

The dispute arose when the National Green Tribunal (NGT) ordered the pruning of trees in a Delhi colony. However, some argued that the pruning of around 800 trees was contrary to the provisions of the DPTA.

They claimed that it was impossible for the tree officer to have inspected all the trees and ensured that only those with branches of less than 15.7 cm in circumference were pruned. They also contended that the procedures laid down under Section 9 of the Act were not followed, making the pruning illegal.

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The Delhi Preservation of Trees Act (DPTA), 1994

The Delhi Preservation of Trees Act (DPTA) of 1994 is legislation that provides legal protection to trees in Delhi, India. The Act aims to prevent any action that might harm the growth or regeneration of trees.

As per the act, a tree is defined as any woody plant that has branches supported by a trunk or body of at least 5cm diameter and is at least one meter high from the ground level.

The Act prohibits several activities that can cause the death of a tree, such as cutting, uprooting, bulldozing, girdling, and pollarding. Applying arboricides, burning, or damaging a tree in any other manner that can lead to its death is also considered illegal under the Act.

What do the 2019 guidelines say?

In 2019, the Guidelines for Pruning of Trees were introduced to ensure that trees are pruned with care and precision over several years, rather than recklessly, which could lead to a reduction in the city's green cover or the untimely death of the trees.

The guidelines define pruning as a practice that involves cutting off dead or living parts of a plant to improve its shape or growth. It specifies that pruning should not be so large as to damage the tree, and trees with a girth above 15.7cm require Tree Officer's approval before pruning.

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The actual pruning of trees is carried out by the land-owning agency or the property owner themselves, and the forest department grants permission or refusal for the same.

However, according to data submitted by Delhi's forest department, between 2019 and 2021, a total of 77,420 trees were allowed to be transplanted or cut for various official projects or construction in Delhi.

Out of these, 9,946 were cut by tree officers under Section 9 of the Delhi Preservation of Trees Act (DPTA), 1994, and 47,474 by the government under Section 29 of the DPTA, which allows the government to exempt any area or tree species from all or any provisions of the Act in the public interest, according to The Indian Express report,

The petitioners argued that the 2019 Guidelines for pruning trees are ultra vires or contrary to the 1994 Act. However, the guidelines were introduced to ensure that trees are pruned with care and precision, the pruning is not so large as to damage the tree, and the tree's health and growth are maintained, reports The Indian Express.

The Delhi government granted exemptions under DPTA, 1994, for cutting trees for various official projects or construction in Delhi, which resulted in the cutting of a large number of trees between 2019 and 2021.

When is permission granted?

The procedure for pruning trees in Delhi is governed by Section 9 of the Delhi Preservation of Trees Act. Anyone who wishes to cut down, remove or dispose of a tree must apply for permission from the tree officer, providing documents proving ownership, the number and type of trees, their girth measurements, and the reason for their removal.

The tree officer can inspect the tree and hold an inquiry before granting or refusing permission, which must be recorded in writing.

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Permission cannot be refused if the tree is dead, diseased, mature for silviculture, a danger to life or property, an obstruction to traffic, or substantially damaged by natural causes. The tree officer must give a decision within 60 days of receiving the application.

There are limits on the number of applications that can be made per year and the maximum area that can be pruned.

Every permission granted is subject to conditions, including taking security to ensure the regeneration of the area and replanting of trees.

The security can be in the form of a refundable deposit, which varies according to the purpose of pruning. In 2015, the cost of pruning each tree was Rs. 57,000 for commercial purposes and Rs. 34,500 for non-commercial purposes.