Is this a ridge management or ridge dissolving board? Delhi HC on nod given for construction work | Delhi News

The counsel submitted that it was “not a metal road and not even a screw was used” to make it and if the “Supreme Court grants permission, public exchequer would be wasted in removing the trail”.

The government counsel said the board was of the view that to protect and manage the ridge forests, it was essential to undertake regular patrolling and inspections inside it and the matter should be sent to the CEC for further sanction.

The copy of the December 11 “minutes of meeting” of the RMB were also placed before the HC. Perusing through it, the court expressed concerns at the approval granted by the board to several construction activities in the ridge including permission for construction of an office building of Directorate General and Central Record Office ITBP force at RK Puram in a 2.487 acre land, an approach road from IGNOU to SAARC University among others.

Justice Singh orally remarked, “Is it a ridge management board or a ridge dissolving board? What are these other agendas (in the minutes). Is this managing the ridge? I’m shocked.”

The court questioned the Deputy Conservator of Forest concerned who said the 2.487 acre of land in RK Puram falls under the “morphological ridge”, which is surrounded by a school on one side, a colony on another side, and a road and “it does not fall within the notified ridge”.

The Morphological ridge is the area that has ridge-like features typical of the Aravallis holding an ecological significance, but lies outside the notified ridge forest land.

Justice Singh remarked, “On one hand the board says they are ‘equally concerned about the green lungs of Delhi’, then they are giving permission left right and centre. I understand the development of Delhi but at what cost? Everybody is crying hoarse that please protect the ridge. I’m not understanding the approach. Maybe I’m unable to. This is really disheartening.”

Meanwhile, advocates Gautam Narayan and Aditya N Prasad appointed as amici curiae in the matter, appeared wherein Narayan took the court through various orders of the HC on encroachment and deforestation and said, “In this kind of statutory and judicial framework, where court has been passing orders from time to time, now today the court is being told that the ridge management board, which is not vested with the authority to permit depletion in the manner, which is being done has rubber-stamped four projects in one meeting and at some future point of time this document will be placed before the CEC and who will take a call and then the SC take a call”.

The Delhi government counsel said that board consists “eight very senior officers” including the Delhi Chief Secretary and added, “When the court directed us to stop construction in the ridge we immediately stopped. Not even an inch has been constructed thereafter. The officers also know they can’t play with fire”. Thereafter, the HC directed that the minutes of the December 11 meeting of the board be placed on record along with the affidavit indicating the quorum of the meeting.

Justice Singh further called for the original file relating to the construction of the trail/passage and said, “It is expected that till the next date of hearing no further steps will be undertaken in pursuance to agendas number 2, 3, 5, 6 ( in the minutes)”.

When the government counsel said that the forest of Delhi has grown from 2% in 1996 to 23% in 2023 Justice Singh remarked, “This is not forest, it is an eye wash. The trees on the side of the road are not forest. There is a difference. Every shrub on the roadside is called green cover but that’s not how it is. I can only say that we repose a lot of faith in you. Please don’t let us down. I have said in the order that ‘it is expected’, but it is a direction”. The government counsel said that the court orders will be complied with.

During the hearing, the court also questioned the DCF concerned over a “bald patch of land” in the Central Ridge, wherein the land was stated to be under the jurisdiction of the Army. The court was told by the government counsel that a notice had been issued to the army seeking an explanation invoking the forest conservation act, indian forest act and the delhi preservation of trees act.

Justice Singh, thereafter directed, “It is directed till the next date of hearing the forest department shall ensure that no construction/deforestation is taking place in that area”. The counsel for Centre was present in the hearing and was apprised of this order today, the court noted.

Meanwhile, in another matter pertaining to “burning and dumping of waste in morphological ridge” including areas behind Ambience Mall in Vasant Kunj as well as in Rajokri village adjacent to Delhi/Gurgaon border and NH-8, the HC directed the authorities to ensure with “immediate effect” that no dumping of waste takes place.
The matter is now listed on January 8, 2024.