‘You Are Custodian, Not Owner’: Delhi High Court To Forest Dept Over Construction Of Trail Inside Central Ridge Without Permission

The Delhi High Court on Wednesday expressed displeasure with the Delhi Government’s forest department over construction of a 6 to 8 feet wide trail inside the Central Ridge in the national capital.

Justice Jasmeet Singh said that the forest department is not the owner of the Central Ridge, which belongs to citizens of the country, and is only a custodian of the said property.

“Why can’t there be a natural trail?…..Why is there a need of the road in this ridge?… Why do you need this?….This is not a property of the forest department. You are the custodian of our rights. You cannot deal with it in a cursory manner. You are not the owner,” the court told Delhi Government’s counsel.

It added: “You are only required for supervising the activities, conservation of the things existing at the ridge which belongs to the citizens of this country, especially Delhi. Don’t treat this as a personal fiefdom.”

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. Malcha Mahal is a Tuglaq era hunting lodge situated inside the Central Ridge.

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

The issue arose after the court was apprised by the Amicus Curiae about a report published in the Times of India titled “Malcha Mahal in for royal makeover with boundary wall, iron grille and greening.”

During the hearing today, the Amicus Curiae took the court through their note showing photographs of 6 to 8 feed wide path, which is other than the path meant for reaching the ISRO station inside the Ridge. It was submitted that the trail was not permissible as it was constructed without the permission of the Central Ridge Management Board.

Delhi Government’s counsel referred to an affidavit filed by the concerned DCF stating that admittedly, no prior permission was taken from the Board and the trail passage was made de hors the permission.

The court observed that prima facie, the said action was beyond the scope of the orders passed by the Supreme Court.

“Let the original file relating to the construction of trail passage be brought to the court on the next date of hearing,” it said while listing the matter for hearing on December 15.

The court orally told Delhi Government’s counsel that no construction can take place inside the Central Ridge without permission of the Supreme Court or the Central Ridge Management Board.

“It (Central Ridge) is for the people of Delhi. We are fortunate to have the ridge in the city. Please tell me, how do they (officers) permit this? After permitting this, they have taken no action to undo their wrong and they seek to justify their actions” .

Furthermore, the Amicus Curiae took the court through a note showing a satellite image of February last year showing a dense forest inside the Ridge and another photograph of April this year showing a bald patch clear of the trees of the same area.

On the said aspect, the court directed the Delhi Government to file a status report before the next date of hearing.

The Delhi Government assured the court that in case the permission or sanction for the trail in question is not obtained on or before December 15, the same shall be removed and the path be restored to its original position.

Earlier, the court 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 Devdendra Gupta v. Dr. Montu M Patel President Pharmacy Council of India & Anr.