The project had been delayed for more than two months and the Delhi Metro Rail Corporation (DMRC) incurred losses worth Rs 1.5 crore every day during the period. D.S. Negi, Chief Conservator of Forests, says: ``The DMRC had asked permission for felling around 5,500 trees. And the official heading the department at that time, said that as per the rules, this area was a protected forest and permssion had to be taken from the Centre.''

And that is when their troubles began. Filing an application and getting the clearance is a drawn out process and DMRC officers, who had got the entire project cleared, were left in a quandary. However, they did as they were directed.

Says C.B.K. Rao, Director (Project), DMRC: ``We plant trees on railways land and near rail tracks to prevent encroachment. In this case, it backfired and we were told that we could not cut the trees we planted. We kept saying that this is not a notified forest and there was no way that the Forest Act could be applicable, but no one listened. The interesting part is that the trees that had to be felled were largely those of eucalyptus and kikar, which are not considered to be environment-friendly.''

So the case was referred to the Union Ministry of Environment and Wildlife which referred it back to the Delhi Government. While everyone in the government agreed that the DMRC officials were right and the project was being unnecessarily delayed, no one could figure a way out. So finally, officials of the Delhi Legal Department were summoned and directed to find a solution.

The legal department then went about looking for rules and precedents and finally came up with a guideline issued in 1998 and upheld the position taken up by DMRC officials.

Officials say: ``The legal department pointed out that any plantation taken up on railways land or near drains did not mean that it was a protected forest. Unless it is notified as a protected forest or listed as forest in the revenue records, only the Tree Preservation Act will be applicable and permission could be given for felling the trees, keeping in mind the project.''

DMRC finally got the go-ahead after a delay of two-and-a-half-months and a loss of nearly Rs 100 crore. In view of the controversy, it was decided that permission would be given in a phased manner. Conservator Negi details the procedure. The DMRC informs them about the area in which they are undertaking the work a fortnight in advance. Foresters inspect the area, ascertaining trees that have to be felled and those that can be transplanted. ``Though they had initially asked permission to fell more than 5,000 trees, after an inspection we found that only 3,115 trees need to be felled and the rest could be transplanted,'' Negi says. ``So when they ask us permission for the next stretch, we check that they have transplanted the trees as prescribed. This way, we ensure that the trees are not felled till it is required and also that the transplantation work is also carried out.''And now that the DMRC has got the trees out of the way, it is busy planning how to make up on the time lost. ``We wasted so much time in all that, now we have to replan the project in such a way that the delay is made up. We have a commitment to finish the first phase of the metro, the Shahadara-Tis Hazari stretch, by March 2002 and we shall do so''.