Supreme Court Orders Status Quo On Felling Of Trees In Delhi 'Ridge' Forest; Issues Contempt Notices To Officials

The Supreme Court today issued notices for initiating contempt proceedings against government officials for the rampant felling of trees in Delhi's Ridge Forest area in violation of its previous orders in M.C. Mehta v. Union of India & Ors. The Court has also ordered the maintenance of the status quo in the region. 

The bench of Justice AS Oka and Ujjal Bhuyan directed to maintain the status quo with respect to the Ridge Area and stayed any further felling of trees. The contempt notices were issued against the Vice Chairman of Delhi Development Authorities (DDA), the Director General of the Central Public Works Department (CPWD), the Director General of Forest and the Principal Chief Conservator of Forest, Delhi. The alleged contemnors have been ordered to be physically present before the Court on the next hearing. 

The petitioners contended that the Ridge which is the only forest region left in the National Captial of Delhi has been subjected to the illegal felling of the trees by the Delhi Development Authorities (DDA) to construct 10.525 km long approach roads from the main Chattarpur Road to SAARC University, CAPFIMS and other establishments at Maidangarhi, Sayurpur and Satbari areas of Delhi. 

In doing so the State Authorities have relied upon the Gazette Notification dated 14.02.2024 issued by the Lt. Governor of Delhi. However, the petitioner has pointed out that nowhere does the notification allow the clearing of trees located in the Ridge area 

"However, the said Notification does not permit clearing of Land or cutting of Trees either in the Ridge/Reserve Forest or on the Non-Forest Land."  

It may be noted that the DDA's previous applications seeking permission to fell/ translocate 1051 trees was rejected by the Top Court on March 4. Subsequently, a bench of Justices BR Gavai and Sandeep Mehta also issued a contempt notice to the DDA Vice Chairman.   The applications were sought in the 1996 decision in MC Mehta Case where the Court observed it to be mandatory to preserve the Delhi Ridge in all aspects. 

"..It would be useful to refer to the statutory Master Plan for Delhi Perspective 2001 which provides as under:

'2. ECOLOGICAL BALANCE TO BE MAINTAINED. Delhi has two distinct natural features. The Ridge which is the rocky outcrop of Aravalli Hills and the river Yamuna. Some parts of the Ridge have been erased in the Central city area. No further infringement of the Ridge is to be permitted; it should be maintained in its pristine glory……...'

The provisions of the Master Plan makes it mandatory that the Ridge is to be kept free from encroachers and its pristine glory must be maintained for all times. It is a pity that neither the Central Government nor the N.C.T, Delhi Administration has ever applied its mind towards maintaining the Ridge………..” 

However it is the contention of the petitioners that during the hearing of the above applications, the DDA failed to informed the Court that the felling has already taken place even before the Court could pass any orders on such applications. 

"It appears that the DDA did not inform this Hon'ble Court during the hearing on 04.03.2024 about the ground reality that the area had already been decimated. It is apparent that the DDA did not wait for the adjudication of the aforesaid Applications and without seeking permission of this Hon'ble Court, went ahead to clear the Ridge reserved Forest and Trees on Non-Forest Land for construction of the road." 

As per the written submissions of the Petitioner, the Delhi High Court has already taken note of the aforementioned contemptuous activities of the Contemnor/Respondent No.1 in its Order dated 18.03.2024. The High Court has taken cognizance of the illegal forest clearance as recorded in photographs submitted to the Court. 

Senior Advocate Mr Mukul Rohatgi appeared for the petitioners along with  Manan Verma, AOR, Mr Ranjeeta Rohatgi and Mr Ankit Shah.  Senior Advocates Mr Guru Krishna Kumar and ADN Rao appeared as amicus.  

It may be noted that repeated concerns have been shown by the Top Court and the Delhi High Court over the illegal destruction of Delhi's sole forest regions providing natural oxygen to the Captial. 

Case Details: Bindu Kapurea v. Subhasish Panda & Connected Matters Dairy No. 21171-2024 

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