Delhi High Court Asserts Citizens' Right Over Central Ridge, Rebukes Officials for Unapproved Construction

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Synopsis

Court also questioned the forest department's plans for the "walk with wildlife" event in the Southern Ridge sanctuary, advising the Delhi government counsel to seek instructions by Thursday

The Delhi High Court reiterated on Wednesday that the ridge does not belong to the forest department but to the citizens. It criticized officials on Wednesday for constructing a six-to-eight-foot-wide path in the Central Ridge without proper approvals.

The bench of Justice Jasmeet Singh emphasized that the forest department serves as a custodian and preserver of the forest area, requiring responsible conservation.

Considered the lungs of the national capital, the Ridge is an extension of the Aravalli Hill range in Delhi, covering approximately 7,784 hectares divided into four zones for administrative purposes.

Amicus curiae Advocates Gautam Narayan, Aditya N Prasad, and Prabhsahay Kaur, assisting the court in matters of forest cover and Ridge conservation, highlighted an unauthorized path alongside a road leading to the ISRO station inside the Central Ridge. The Delhi government acknowledged the lack of prior permission for the path, currently under consideration by the Ridge Management Board.

The court expressed concern over the official's conduct, constructing the passage without approval and then seeking retrospective sanction. It directed the removal of the trail if permission is not granted by December 15, emphasizing that the Ridge is not the "personal fiefdom" of forest department officials.

The court also questioned the forest department's plans for the "walk with wildlife" event in the Southern Ridge sanctuary, advising the Delhi government counsel to seek instructions by Thursday.

The proposed 'walkathon,' 'cyclothon,' 'half marathon,' and 'jungle on wheels' events in Asola Bhatti Wildlife Sanctuary raised concerns about potential environmental impact.

The court highlighted the forest officials' responsibility to protect forests and criticized the granting of permissions without proper authority. The Delhi government counsel defended the tourism-related event, stating it would raise awareness about the Ridge.

The amicus curiae presented satellite images indicating a green patch's transformation into a bald area in the Central Ridge, prompting the court to request a status report on the matter.Addressing the forest department's collection of data on deemed forests, the court rejected claims of "helplessness" and instructed the government lawyer to file a status report detailing the presence of deemed forests, actions against depletion, and the constitution of a preservation oversight committee.

The court emphasized that the forest department's role is solely to protect forests and should be well-informed about the status of deemed forests in the city.

Case Title: Anjali College of Pharmacy and Science through its founder-cum-chairman Devendra Gupta v. Dr. Montu M Patel President, Pharmacy Council of India & Anr.