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2024 Supreme(Online)(DEL) 13119
HIGH COURT OF DELHI
Tushar Rao Gedela, J
NEERAJ SHARMA – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
W.P.(C) 7253/2023
ADITYA NARAYAN PRASAD
The court emphasized the need for effective inter-departmental cooperation in managing deemed forests and appointed a retired judge to enhance oversight and compliance with environmental protection orders.
Headnote:(A) Constitution of India - Article 226 - Environmental Law - The court modified its previous order to appoint a retired judge to head a committee for the protection and management of deemed forests, emphasizing the need for inter-departmental cooperation and timely action. (Paras 6, 8, 12)
(B) Environmental Protection - The court highlighted the ongoing issue of forest denudation and the necessity for effective monitoring and compliance with court orders regarding forest management. (Paras 4, 9)
Facts of the case:
The case involves the management of deemed forests in Delhi, with the court addressing the lack of cooperation from various land-owning agencies in providing necessary information for effective forest management.
Findings of Court:
The court found that the appointment of a retired judge would enhance the seriousness of the committee's work and ensure better coordination among departments.
Issues: The main issues included the effectiveness of the existing committee and the need for a more authoritative figure to oversee forest management efforts.
Ratio Decidendi: The court reasoned that appointing a retired judge would instill seriousness in the departments involved, ensuring compliance with the court's orders and better management of forest resources.
Result: The order dated 21.12.2023 is modified to appoint a retired judge as the chairman of the committee.
(The proceeding has been conducted through Hybrid Mode) CM APPL. 14749/2024 (for recall/ modification of order dated 21.12.2023 and directions)
1. This Court has heard the arguments of Mr. Gautam Narayan, learned Amicus Curiae, Mr. Aditya N. Prasad, learned counsel appearing for the petitioner, Mr. Avishkar Singhvi, learned ASC for GNCTD. As also the submissions of Dr. P. Viswakannan, Chief Conservator of Forest, who is present in person and his request has also been heard.
2. Mr. Narayan, learned Amicus Curiae has handed over the Bench the copies of the three meetings, which were held by the Internal Departmental Committee constituted by this Court, on 06.02.2024, 06.03.2024 and as recent as on 03.04.2024. In order to appreciate, it would be apposite to extract the minutes of the meetings, as under :-
- MINUTES DATED 06.02.2024 “DEPARTMENT OF FORESTS & WILDLIFE GOVERNMENT OF NCT OF DELHI A-BLOCK, 2ND FLOOR, VIKAS BHAWAN I.P. ESTATE, NEW DELHI-110002 F.1(2611)/Legal/HQ/23-24/Pt-II / 7901-7905 Dated: 06.02.2024 MINUTES OF THE INTERNAL DEPARTMENTAL COMMITTEE MEETING HELD UNDER THE CHAIRMANSHIP OF CHIEF CONSERVATOR OF FOREST (ADMIN), GNCTD ON 05.02.2024 AT 04:00 PM IN COMPLIANCE OF ORDER OF THE HON'BLE HIGH COURT OF DELHI IN WPC NO. 7253/2023 "NEERAJ SHARMA VS UOI & ORS.
- In pursuance of the Hon'ble High Court of Delhi order dated 21.12.2023 in WPC NO. 7253/2023 in the matter of "Neeraj Sharma Vs UOI & ORS, a meeting was held under the Chairmanship of the Chief Conservator of Forest (Admin), GNCTD on 05.02.2024 at 04:00 PM in his chamber to discuss the issue of protection and management of deemed forests.
- Meeting started with welcome of all attendees (list enclosed). At the outset, the committee was briefed about deemed forest and issues related to protection and management of deemed forests.
- The committee was briefed that an affidavit was filed by Shri. R.K. Goel, the then Conservator of Forests, Govt. of NCT of Delhi dated 15.09.1997, where it was solemnly declared and affirmed by him that a Committee in terms of the Supreme Court's judgment dated 12.12.1996 in WP(C) No. 202/1997 had been constituted to identify Forest area.
- As per the decision of the committee areas above 2.5 acres having density of 100 trees per acre as well as stretches of land along roads, drains etc. having length of 1 km besides areas already shown as forests etc. in Revenue Land Records shall be considered as deemed forest.
- In addition to that, the said affidavit has mentioned the details of Reserve Forest, Protected Forest & other forest areas and plantation areas managed by Forest department, other land managing agencies including NDMC, M.C.D, Railways, I&FCD, Delhi Cantonment, P.W.D. Issues discussed and decisions taken in the meeting for protection and management of deemed forests are as follows:
1. The committee was informed that the deemed forests are managed by multiple land managing agencies including Forest Department, DDA, NDMC, MCD, Railways, I&FCD, Delhi Cantonment, PWD.
Further, it was brought to the notice of chair that letters no.
F.1(2611)legal/HQ/23-24/4 003-19 dated 11.09.2023 and F.1(2611)/Iegal/HQ/23-24/4279-82 dated 22.09.2023 were sent to the land owning/managing agencies of deemed forests to identify and provide the details of deemed forest along with kml files.
However, no reply has been received till date.
Hence, it was decided to send reminder letters to all the land owning/managing agencies to provide kml/ shapefiles of the deemed forest as per the affidavit dated 15.09.1997 for effective protection and management.
Further, the chairman desired that all land owning/managing agencies may be requested to appoint a Nodal officer of appropriate seniority, so as to closely coordinate with the committee for all the matters related to deemed forests.
2. It was decided to map the deemed forests ( as mentioned in the ibid affidavit) jurisdiction-wise in respect of the forest divisions (South, West, Central, North) for effective pr
