The court ruled that without statutory recognition, the management of the Delhi Ridge is ineffective, necessitating a unified body for its protection and oversight against encroachments.

JUDGMENT :

B.R. GAVAI, CJI

Table of Contents

INTRODUCTION

1. In the present matter, we are called upon to adjudicate on the issue concerning the various bodies/authorities monitoring, regulating and permitting construction activities in the Delhi Ridge which is an area of vital ecological and geographical significance in the National Capital Territory¹[For short, “the NCT”]. The Delhi Ridge which is at the tail end of the Aravali Ranges, contains a variety of flora and fauna and is widely known as the “Green Lungs” of the city.

History of the Delhi Ridge

2. The Aravali Range in the NCT of Delhi comprises of the rocky outcrop stretching from the Delhi University in the North to the NCT Border in the South and beyond, with sizable areas of the same having been designated as the Ridge. However, the Ridge, as it stands today, is not a continuum as various intervening stretches have been urbanized with the passage of time. For example, the Central Ridge area was planned as an integral part of capital city of New Delhi in the early part of the twentieth century.

3. The Master Plan for Delhi, 2001 notified on 1st August 1990 identifies the Delhi Ridge as an area admeasuring 7,777 hectares of land, which is divided in four zones, i.e., Northern, Central, South Central (Mehrauli) and Southern. Over the time, due to deterioration in the Ridge area, the Lieutenant Governor of Delhi constituted a 10-member committee known as the “Lovraj Committee” for preparing a management plan of the Ridge. The said committee inter alia suggested the creation of a Ridge Management Supervisory Committee chaired by the Chief Secretary of Delhi to address land-related legal matters. It was suggested that the entire Ridge area be notified as “Reserved Forest” under the Indian FOREST ACT , 1927²[Hereinafter referred to as, “the FOREST ACT ”.]

4. Pursuant to the Lovraj Committee’s Report, a preliminary notification under Section 4 of the FOREST ACT was issued on 24th May 1994 thereby declaring 7,777 hectares of land as Reserved Forests. The Additional District Magistrate (Revenue)³[For short, “ADM (Revenue)”] was appointed to be the Forest Settlement Officer under the said notification. Though a period of more than three decades has passed, no further proclamation under Section 6 of the FOREST ACT has been issued thus far. Since then, only an area to the extent of 103.48 hectares has been notified as Reserved Forests under Section 20 of the FOREST ACT .

5. One more notification under Section 4 of the FOREST