GOVERNMENT OF INDIA
afrE AUS 3H1uET-II
Sr. DIVISIONAL ENGINEER-II
DRM's OFFICE, DELHI DIVISION
NORTHERN RAILWAY, NEW DELHI
M.No. 9717631204
No 330-W/0/Forest/w-3 Dated: 31.05.2022
Dy. Conservator of Forests,
Department of Forests and Wildlife,
Mandir Marg, Mandir Lane, Delhi-60
Dy. Conservator of Forests,
Department of Forests and Wildlife,
Office of Dy. Conservator of Forests,
MGICCC, Bakthawarpur Road, Bakoli,
Alipur, Delhi-110036.
Dy. Conservator of Forests,
Department of Forests and Wildlife,
Near Dr. Karni Singh Shooting
Range,
Tughlakabad, Delhi-44
Dy. Conservator of Forests,
Department of Forests and Wildlife,
Kamla Nehru Ridge, Delhi-07
Sub: Cutting of tree in Railway premises for ensuring safcty of trains
project.
& exccution
Ref- Ministry of Environment, Forest and Climate Change (Forest conservation
Division) letter no. 1
1-37/2016FC(P1) LWF. NO.1/-12/2016FC.
in reference of above mentioned
subject, Railway is not
required permission for tree
cutting in Railway premiscs to cnsure safety of trains and cxccution of Railway
In view of section 11 of
Railway Act 1989, project.
deliberation in lctter referred above. Railway is starting tree cutting as per
(A.K. Singh)
Sr. Divisional Engineer-1ll
Northern Railway, New Delhi.
Copy to
.
ADRM/Jnfya for kind
please.information
2.
ADEN/DLI & DENDIS for necessary action.
l o No.11-37I2U1UECKILWENO/1
Govornmont of Indin
Ministry of EnvirOnment, Porest and Climate Chung
(orest Conservatlon Divislon)
Indira Paryavaran Bhawan,
Aliganj, Jor Bagh Road,
New Dellhi - 110 003
Dated: 1oth March, 2022
To
The Sccretury (Forests),
All Stnte
Goverments/UT Administrations
Sub:Clarification on applicability of the Forest
1980 on Ruilways land reg. -
(Conservation) Act,
Sir,
I
am directed to refer to this Ministry's letter of even number dated 21
May, 2019 dn the above subject forwarding a clarification on the applicability
of the Forest
(Conservation) Act, 1980 in respect of railways lands. In this
connection, it. is to inform-that the issue related to applicability of the Forest
(Conservation) Act, 1980 on the lands within RoW acquired by the Indian
Railway was examined in consultation with the Attorncy Generalof India and
Ministry of Law and Justice, Government of India. As per such opinion
received received from the Ministry of Law &Justice, Government of India, it
is now clarified that:
i. For execution or
nmaintaining of Railway works on Railway owned land
within Railway's right of way under
Setion 11 of Railways Act 1989,
notwithstanding the directions of Hon'ble
judgmentinTN Godavarman Thirumalpad Supreme
Court given in the
v. Union of
202/1995), the need for obtaining the approval ofIndia, (W.P. (C)
the Central
Government under Section 2 of the Forest
not arise. (Conservation) Act, 1980 will
I. Section 11 of the Railways Act would also for
operate execution or
maintaining of Railway works on Railway owned land within
Railway's
right of way, notwithstanding anything
to the contrary in the
(Protection) Act, 1972. Wildlife
i Moreover, the construction of crossings, briclges, culverts and
over, under or by the sides ot, or passages
include passages for wild animals,leading
t0 or from
railway, would also
a
elephant.comidorsasand the like. These
would be necessarily provided, wherever required per the advice of
the concerned wildlife authorities in the State Government. In terms of
Section 16(2) of the Railways Act, 1989, the cost of construction
8uch crossings or pathways to be used by wild aninals of all
by the Railway Administration. would be bore
vACiviAcalai66/2014 wlich
of Inda RvaysiAct 1989 ündinvolves lhe imtetpr anservationy
Act Sectton 20f the:o
Che gbove
0 is pending in the Hon'ble
Suprerme
clatticatiOn/optnion is subjeet to the finnl judgnicnt orhHon
e 'ble
eme Court in thesiid Clvil Appeul.
edirectiong arë npplieable ONLY (orcxecutlon or nining
atway works on Rällwayowned lund ithin Ralwnys
rght of way under ettsn 'i1 ofRnlliwöye Act 1980:Nestöf
under
theForest
cs
will be denlt Wactt-relevnnt provislons
(Conscrvation) Act, 1980.
Yours foithfully,
(SardeepShárrma)
General of lF'orests
Assistant lnspector
Copy to:
1. The Chairman, Railway Board, MinistryoRnlways,Government ot
India
2. The PrincipalChiefConservatoE of Forests, All State Governments/UT
Administrations
3. The ChiefWildlife Wardens, All State Governments/UTAdministrations
4: The Nodal Officer, FCA, 1980 0/0 PCCF,
AlI State Governments/UT
Administrations
Offices ofthe MoEF&Ccc.
5. The Regional Officers, All Integrated Regional
6. Guard Fle
,
Sigaed by Sandeep Sharina
Date:10-03-2022 18:47:19
Reason: Approved
