Delhi Losing Forest Cover Like Anything, We Should Leave Something For Future Generations: High Court

Hearing a suo motu public interest litigation initiated in 2015 on the issue of air pollution in Delhi, the High Court on Wednesday said that the national capital is losing its forest cover drastically.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad told ASG Aishwarya Bhati to personally look into the matter, underscoring that “injustice is being done to the nature.”

As Bhati joined proceedings after the bench requested her assistance, Chief Justice Sharma asked her about the status of a pending matter before Supreme Court dealing with identical issues. 

“This is a case highlighting that the forest cover in Delhi is reducing drastically and buildings are being constructed around central ridge area and that encroachments around Asola sanctuary are not removed. Whether the matter pending in Supreme Court has taken care of the forest cover of Delhi too?”, the bench asked Bhati.

Bhati informed court that the case has “not been heard for some time now.” We are waiting for a hearing, she said.

“Please personally look into this. Delhi is losing its forest cover like anything. We are keeping this after four weeks. Amicus has done a great job and has brought all minute details to our notice. We feel that injustice is being done to the nature. We should leave something for the generations to come…mountains, rivers and forests,” the bench told ASG Bhati.

During the hearing, amicus curiae Senior Advocate Kailash Vasdev took the court through the photographs of Delhi, highlighting the loss of forest cover especially in the areas around Asola sanctuary, airport and the President’s house.

He said that these areas are surrounded by slums, adding that Yamuna river bank “today is one huge unplanned slum.”

“Behind the President house, even there is a slum. There is a slight green cover because of Ministry of Defence and Satellite cover,” Vasdev said.

The amicus also brought to the attention of the court the issue of unauthorised colonies in various areas, including the Central Ridge.

“This is the airport area, the whole Dwarka belt, please see what’s being done along river Yamuna, these are all total illegal colonies which have come up. They are saying 20% green cover is still there. Please show me. Please see Ghaziabad and NCR area, if this is how this is going to be developed, then there will be nothing which we will give to our future generations except pollution and illness,” he added.

Vasdev also took the court through affidavits filed by the Delhi Government authorities in a contempt case pending before a single judge concerning the issue of tree felling and preservation of trees in the national capital.

Referring to the affidavits, he apprised court that the Delhi government has issued 52 separate Gazette notifications from the year 2019 to 2021 allowing felling of thousands of trees.

Taking the bench through other relevant documents, the amicus submitted that the Aravalli range has been “systematically” shaved from 1992 to 2015.

“If you're going to permit this to happen, taking protection under Acts and resettlement of slums, it is going to be an impossible action,” he submitted.

While listing the matter for hearing on March 13, the court asked the authorities to file a response explaining the defiance of its earlier orders.

Title: COURT ON ITS OWN MOTION (AIR POLLUTION IN DELHI) v. UNION OF INDIA & ORS