GITA MITTAL, J.

“What we are doing to the forests of the world is but a mirror reflection of what we are doing to ourselves and to one another” - Mahatma Gandhi

1. Two litigations, in two separate jurisdictions of this court, one being FAO(OS) No.200/2017 having originated as a civil suit being CS(OS)No.493/2016 dated 3rd October, 2016 on the Original Side of this court, and the second being a writ petition W.P.(C)No.365/2016 dated 24th December, 2016, filed in January, 2017 in public interest, are both concerned with the same road referred to as ‘W-12D Link Road’.

2. This road is alleged, by the plaintiffs in the suit, to be about 30 feet wide, as also being the access road connecting Indira Enclave, Neb Sarai to the Mehrauli – Badarpur Road from the Western Avenue, Sainik Farms; Sangam Vihar and Saket, New Delhi.

3. Diametrically opposite prayers regarding the same road, have been made in these two cases. Inasmuch as identical questions of law and fact arise, in order to prevent conflict of judgment, with the consent and assistance of all parties to the two cases, we have taken up these two matters together for consideration and adjudication.

4. The plaintiffs in the suit (who are the appellants in the appeal) have claimed a right to continue to use the road and by way of their plaint have sought the following prayers :

“(i) Pass a decree of Declaration that the said Indra Enclave connecting road is a public way/right of way/easement in favour of the plaintiffs and against the defendant ;

(ii) Pass a decree for permanent injunction in favour of the Plaintiffs and against the Defendant restraining the Defendant from carrying out any demolition activities, closing the road, obstructing or blocking the road or causing any hindrance in the uninterrupted, continuous, peaceful use, enjoyment and free passage, of the plaintiffs, residents of Indra Enclave, persons, and cars, vehicles, emergency vehicles, two and three wheelers and domesticated animals customarily using this road at all times of day or night.

(ii) a. To declare that the Demolition Order dated 19.09.2016 passed by Mr. S.K. Muan Guite DFO (South) is unlawful and without jurisdiction.

(ii) b. To set aside the said Demolition Order dated 19.09.2016

(iii) c. To direct the Defendants to restore the road to its original condition prior to demolition.

(iii) Award costs of the suit in favour of plaintiffs ;” (Emphasis by us)

5. As against these prayers, in the writ petition, the two petitioners claim that, in public interest, this court may issue the following directions:

“(a) Issue writ of mandamus or any other suitable writ, order, direction against the respondents thereby directing them to remove the encroachments and demolish the unauthorized construction, including the concerned road (W12D Link Road), already raised and/or being raised in the land bearing Khasra Nos.487, 490 and 491 in Indira Enclave ;

(b) Issue appropriate writ or order or directions thereby directing the respondent to issue necessary notifications, circulars, orders and office orders for removing the encroachments and unauthorized construction in and around Khasra Nos.487, 490 and 491 in Indira Enclave;” (Emphasis supplied)

6. We set down hereunder the headings under which we have considered the matter :

I. Legal History (paras 7 to 14)

II. Applications filed in the writ petition (paras 15 to 16)

III. Claim of Gokul Kumar and others by way of CM No.22628/2017 & proceedings in WP(C) 6324/2017 (paras 17 to 21)

IV. The declaration of the Ridge and notifications of land as forest land (paras 22 to 37)

V. Binding orders of the Supreme Court of India in M.C. Mehta v. UOI (W.P.(C)No.4677/1985) and impact thereof (paras 38 to 42)

VI. Notification dated 2nd April, 1996 - Challenge thereto by way of WP(C) No. 4687/2010 before this Court

(paras 43 to 46)

VII. When did the road in question come into existence?

(paras 47