Delhi High Court Appoints Retired Justice Najmi Waziri As Chairman Of Committee For Protection Of Deemed Forests

The Delhi High Court has appointed its former judge, Justice Najmi Waziri, as the Chairman of the Internal Departmental Committee constituted for protection and management of deemed forests in the national capital.

Justice Tushar Rao Gedela requested the Delhi Government to ensure that all facilities and secretarial assistance, as required by Justice Waziri, is provided to him at the earliest.

“This Court deems it fit to leave it to Mr. Justice Nazmi Waziri (Retd.) to decide his honorarium and the facilities required for the smooth functioning of the Committee,” the court said.

It added that the heads of the various Governmental Departments are expected to cooperate with the Committee, which is put at liberty to send its regular reports to the court.

The court was dealing with a plea concerning preservation of deemed forests in the city. 

Amicus Curiae, Advocate Gautam Narayan told court that nomination of a Retired Judge of the Delhi High Court would instill more seriousness in the various departments to act in tandem with each other for ensuring the purpose of the committee. Advocate Aditya N. Prasad appeared for the petitioner, Neeraj Sharma.

After hearing the submissions, the court said that all the parties are adverting and moving towards the goal of ensuring that the forests and deemed forests both are protected from further incursions and denudation of the forest trees.

However, it added that the land owning departments though, being party to the petition, were not serious enough in collecting or assisting the Committee in collating the necessary documents, maps and other records.

“In that view of the matter, it would be apposite to appoint a Retired Judge of this Court to head the Committee, so as to ensure that the other departments are under an obligation to co-operate with the Committee,” it said.

The court earlier sought a status report from the Delhi Government and other civic authorities on deemed forests existing as on date in Delhi and the action taken on the depletion of such forests.

Notably, Sharma has sought a direction to the Delhi Government and its forest department to demarcate all the deemed forest areas listed in an affidavit filed in 1997 by the then Conservator of Forests before the Supreme Court in T.N. Godavarman Thirumalpud v. Union of India & Ors.

Besides a direction to the Delhi Government to take appropriate steps to protect deemed forests under the Indian Forest Act, 1927, the plea seeks installation of appropriate signage for protection and preservation of the deemed forests.

A direction has also been sought for the Union Government to lay down appropriate guidelines for taking time-bound administrative or disciplinary action against officials who fail to prevent commission of violations of the Forest Conservation Act, 1980 in accordance with law.

Case Title: Neeraj Sharma v. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 414

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