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Synopsis

The Delhi High Court on Monday asked authorities to explain as to why 63 structures were present inside the 864-hectare Central Ridge forest and made it clear that those lacking protection from coercive action “have to go”.

“'How can you choke the lungs of the national capital”, the bench of Justice Jasmeet Singh remarked orally.

The judge also directed authorities to not allow the dumping of any waste in the area and sought a reply to know the reason behind such a large number of structures in the Central Ridge forest and asked the authorities to explain what these structures were.

"Sixty-three is not a small number. It is a huge number. How can they have protection? I am not able to understand. These 63 structures have to go. Find out if there is any stay order by any court on these structures. You (Delhi government) file an affidavit as to what these structures are along with photographs and you remove them”, the court said.

The judge also said, “It is in the larger interest of the people of the state. These (ridge areas) are the lungs of Delhi. How can there be 63 structures on the ridge? You find out what these structures are and what is the protection available with each of these structures. If there is no protection, the structure has to go. Do the needful in four weeks”.

"Ridge”, which is the rocky outcrop of Aravali hills in Delhi, has been notified as a reserved forest.

During the hearing, the court was apprised by the amicus curiae that there is absolutely no protection to these structures.

The court was dealing with a contempt case involving issues of tree plantation and green cover. The single judge bench sought a reply from Deputy Conservator of Forest (West) Abhinav Kumar as to how there are so many structures in the central ridge land, including an ashram.

The forest officer told the court that 63 structures inside the 864-hectare area of the Central Ridge have been in existence for long.

The Ridge 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 the issue of the presence of road rollers and concrete roads inside the Central Ridge, the high court was informed by DCF (West) that 14 truckloads of construction and demolition material and 10 truckloads of municipal solid waste have been removed from there over the last two months.

The high court said that there should not have been any construction or demolition material or municipal solid waste in Central Ridge and termed the situation as ''unacceptable'''.

"How can we choke the Central ridge? They are actually the lungs of Delhi. Why was it there, I don't understand. I will not let this happen to the central ridge, I am very clear on this," the judge said.

The court was assured by the DCF (West) that there will be adequate monitoring and appropriate deployment of staff to ensure that there is no dumping of any material in the Central Ridge.

Taking on record the assurance, the court said that in case of any violation, the DCF shall be personally responsible for it and added that if the officer needs any additional resources, he is at liberty to file an application before the court which will be considered.

The court was informed by the Delhi government counsel Sameer Vashisht that a trail path was being constructed to the central ridge and now it has been stopped and no further construction of any kind of path will be done without permission of the court.

He said that the path already made shall be removed along with the material within six weeks and a compliance affidavit will also be filed.

Regarding the Delhi Green Fund, the Delhi government counsel said that he will take instructions for the optimal utilisation of funds in consultation with all DCFs.

On the issue of the need for another forest in the city and for expanding the existing forest area, the DDA counsel Shobhana Takiar said that she will have a meeting with the Director of Planning and will identify some land that can be utilised for extending the forest land.

Accordingly, the court listed the matter for further hearing on October 9, 2023.

Earlier, the judge had 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.

The court had appointed Advocates Gautam Narayan, Aditya Narayan Prasad, and Prabhsahay Kaur as amicus curiae in the matter.

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.