JUDGMENT :

1. Pursuant to this Court's Order dated 3.1.1996 various reports asked by this Court have been placed on record. So far as 63 institutions occupying the Ridge area under the authorisation of Ministry of Urban Affairs is concerned, Sh. B L Nimesh Land and Development Officer has filed an affidavit and along with the affidavit list of the institutions in the Central Ridge area has been annexed. Mr. Ramesh Tiwari, the Forest Settlement Officer is present in Court. On our suggestion, he states that he would fix the objections filed by these institutions for hearing within the next week or 10 days and thereafter, he would file a report in this Court. We direct the Land Development Officer to send individual notices to all these 63 institutions indicating that they should appear before the Forest Settlement officer, in respect of their objections already filed under Section 9 of the Forests Act, at 10.30 AM on 31.1.96. The Forest Settlement Officer shall indicate as to which of the parties are to be heard on that date and for remaining parties he shall give consecutive dates. The Forest Officer shall file its report after hearing objections of each of the parties after 15 days thereafter.

2. It will be useful to mention that under the Forests Act, two opportunities were given to all those, who are occupying land in the Ridge area, to file objections. One opportunity-was given under Sections 4 and 6 of the Act and subsequently, under Section 9 of the Act. The parties who have not filed any objections they cannot be given any further time to file the objections.

Religious Institutions

3. Mr. Alphonse has placed on record status report regarding 11 religious institutions on the Ridge. Mr. Alphonse, who is present in Court, states that these religious places are existing in the Ridge area for over a period of 15-20 years. Some of the religious places are operating for the last 40-50 years. We have suggested to Mr. Alphonse to persuade these religious institutions to voluntarily relocate to some other land which may be offered to them along with other facilities regarding the construction of the buildings etc. on the relocated land. The report further indicates that apart from the actual built up area, open area has also been cordoned off and taken into possession by various institutions: We direct the DDA through Mr. Alphonse to have the open area retrieved-from the religious institutions. We further direct the DDA that so far as the actual operational area under the possession of these religious institutions is concerned, that should be barbed/walled, so that there is no further encroachment. The work must commence within two weeks from today.

Construction at Todapur Dasgarh, Islam Nagar, Mehrauli

4. Mr. Alphonse has filed an affidavit wherein he has given the assessment of the unauthorised construction in Todapur Dasgarh at Islam Nagar, Mehrauli. It will be useful to reproduce paragraph 2 and 3 of the affidavit which are as under:

"An assessment of unauthorised constructions in Todapur Dasgarh and at Islam Nagar Mehrauli has been made. There are 522 unauthorised structures on encroached DDA land at Todapur Dasgarh. The above structures have come up over the past 20 years. They occupy an area of 12 acres. There are 2800 semi-pucca structures in Islam Nagar Colony occupying an area of 5 acres. As the total population involved in both the colonies together would be over 20,000 if any demolition is attempted, there would be serious law and order problem. Both these colonies are very old, therefore, it will be inhuman to evict them without providing any relocation sites. As per Govt. Policy it is not possible to provide any relocation sites to these encroachers as they are not eligible for relocation sites. Considering the above facts, this Hon'ble Court had ordered as follows:- "DDA shall indicate the vacant area adjoining to the ridge owned by the DDA to be included for the purpose of afforestation in lieu of the area which is occup