Remove encroachment from Southern Ridge or face contempt : Delhi High Court warns forest authorities

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Synopsis

Court said that it will not allow the movement of motor vehicles through a road inside the Central Ridge, which houses an Indian Space Research Organization (ISRO) station, and asked the Center to come forward with a "viable solution" to access the premises

The Delhi High Court on Wednesday asked the forest authorities to take steps for removal of encroachment from the Southern Ridge or face contempt action as it raised an alarm over the existence of a "concrete jungle" there and the worsening air quality in the national capital.

The bench of Justice Jasmeet Singh, while dealing with cases concerning the well-being of the city's Ridge area, asked, "What is happening in Southern Ridge? This is shocking. Three hundred hectares of land, all encroached...This is not acceptable. People in Delhi are wanting trees. Look at the level of pollution and the air quality”.

Justice Singh also said that the court will not allow movement of motor vehicles through a road inside the Central Ridge, which houses an Indian Space Research Organization (ISRO) station, and asked the Center to come forward with a "viable solution" to access the premises.

The court was hearing a contempt plea, on the basis of a news report published by the Times of India titled “Malcha Mahal in for royal makeover with boundary wall, iron grille and greening”.

The report stated that: “As part of facelift and protection of Malcha Mahal, the Delhi government has decided to construct a 2-foot high boundary wall at the monument soon. It will be topped with a 5-foot-high iron grille and will be built with stone masonry”.

"You can't have a road in Central Ridge. That I will not permit. These are the lungs of Delhi. Look at the level of pollution. Maybe trees can help us," the court remarked, adding that the authorities were not being asked to compromise with the development of the nation or science.

When the central government counsel contended that the station was established there due to a "strategic reason" and access to it was necessary, the court responded, saying, "That's fair, but we will not permit cars. Find a viable solution. Twenty-four employees can't go by cars (inside the ridge)".

Justice Singh suggested that the commuters could either walk to the ISRO station, use bicycles, or work in shifts.

With respect to the encroachment inside the Southern Ridge, the court told the forest department that it was the custodian of forests in the city and "nothing" could be permitted inside a notified forest.

"I will give you one week. Show what action is taken (with respect to the removal of encroachment)... Otherwise, we will frame contempt. This is shocking. It is all a concrete jungle. In place of the forest, there is a concrete jungle," the court told the Principal Secretary, Forest Department, as it sought a report before the next hearing. The top official assured the court of appropriate action.

The matter would be heard next on November 8, 2023.

Considered the lungs of the national capital, the ridge is an extension of the Aravalli hill range in Delhi and is a rocky, hilly, and forested area.

It has been divided into four zones: south, south-central, central, and north, due to administrative reasons. These four zones make up a total area of around 7,784 hectares.

On August 28, the court said that ridge areas in Delhi were the “lungs” of the national capital and expressed concern over the presence of 63 structures inside the 864-hectare Central Ridge here.

It had earlier also expressed displeasure over the construction of a concrete road in the Central Ridge area and asked the city authorities to take corrective measures or face contempt.

Subsequently, on September 4, it also directed that no construction activity, including building a boundary wall around Malcha Mahal, a Tughlaq-era hunting lodge, shall be carried out on the Central Ridge.

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.