Delhi High Court Concerned Over 63 Structures Inside Central Ridge, Says Those Without Protection ‘Have To Go’

The Delhi High Court on Monday expressed concern about the presence of 63 structures inside Central Ridge in the national capital and said that the institutions without protection from any court cannot be permitted and “will have to go.”

Observing that Central Ridge act as the lungs of Delhi, Justice Jasmeet Singh said, “How can they [structures] have protection? I don’t understand. 63 is not a small number. It is a huge number…It [Central Ridge] is the lungs of Delhi. How can there be 63 structures? What are these and what is the protection? If there is no protection, the structure has to go.”

Central Ridge, which extends to over 864 hectares, is located in the Northern Aravalli leopard wildlife corridor in Delhi. It was made into a Reserved Forest in the year 1914 and stretches from just south of Sadar Bazaar to Dhaula Kuan.

The court was hearing a contempt plea wherein Amicus Curiae, Advocates Gautam Narayan and Aditya N Prasad, had filed a brief raising certain issues pertaining to the cases where directions have been passed to parties to plant trees in the national capital.

As the court was discussing the encroachment in the Central Ridge, Deputy Conservator of Forest, West Forest Division submitted that there are 63 structures, including some Ashrams, in the 864 hectares wide ridge area.

He also submitted that the structures have been in existence before the judgment of the Supreme Court in MC Mehta case wherein the institutions were allowed to continue their presence, subject to the condition that they do not expand their occupation of the Ridge.

“Find out is there any stay order by any court on these structures. What are these structures, you file an affidavit with photographs and you remove them…It is in the larger interest of people of the State…You find out what these structures are and what is the protection available with each of these structures,” the court told Delhi Government’s ASC Sameer Vashisht.

The court directed the Delhi Government to file an affidavit indicating the status of the 63 structures and the stand of the authorities qua them.

The DCF, who had joined proceedings virtually, informed the court that 14 truckloads of construction and demolition material and 10 truckloads of municipal solid waste has been removed over the last two months from the Central Ridge.

Taking note of the same, the court said, “This is unacceptable as in the first instance, there should not have been any construction or demolition material or municipal solid waste in the Central Ridge.”

The DCF then assured the court 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.

“The assurance is taken on record and the DCF shall be personally responsible for the same. In case DCF is in need of any additional resources, he is granted liberty to file an application before this court and the same will be considered,” the court ordered.

Vashisht, on instructions, told the court that the trail path being made to the Central Ridge has been stopped and that no further construction of any kind of path will be done without permission of the court. He also stated that the path already made shall be removed along with the material within six weeks and a compliance affidavit will also be filed in the matter.

Regarding the amounts lying in the Delhi Green Fund, the court asked Vashisht to take appropriate instructions for optimal utilisation of the said funds in consultation with all DCFs.

The court also requested DDA’s counsel, Advocate Shobhna Takiar to join the proceedings on the issue of expanding the forest area of Delhi.

The court directed Takiar to have a meeting with the Delhi Government’s Director of Planning and to identity some land which can be utilised for extending the forest land.

The matter will now be heard on October 09.

Last week, Justice Singh had expressed displeasure over encroachment in the Central Ridge and asked the authorities to take corrective measures or face contempt action.

Before his retirement in July, Justice Najmi Waziri, while passing his last order on preservation of trees in national capital, had called for monetary contributions from citizens, public spirited individuals and lawyers in “Green Delhi Account”.

The fund was opened after his directions to facilitate plantation of trees in Delhi. On July 13, Justice Waziri was informed by DDA’s counsel that the balance in the account was over Rs. 2.38 crores and that more money was pouring due to various judicial orders. Thereafter, the judge had directed that the monies deposited in the account shall be used for plantation of trees.

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.