The Delhi High Court on Monday passed a directive prohibiting any construction activity within the central ridge forest area of the national capital, including the building of a boundary wall around Malcha Mahal.
A single judge Justice Jasmeet Singh passed the order after taking into account a news report detailing the construction activities around the Tughlaq-era monument, as well as the installation of toilets.
The judge emphasized that there should be no concretization of the central ridge and ordered the Delhi government to provide a detailed affidavit on the matter.
“For the time being, it is directed that there shall be no construction at the central ridge, including but not restricted to the boundary wall, grille work, and toilets,” the bench remarked.
The central ridge is considered the lungs of the national capital and is an extension of the Aravalli hill range, known for its rocky and forested terrain. It has been divided into four zones for administrative purposes, covering a total area of approximately 7,784 hectares.
Lawyers Gautam Narayan and Aditya N Prasad, appointed as amicus curiae to assist the court in a contempt case related to tree plantation and green cover, brought the news report to Justice Singh’s attention. The Delhi government argued that Malcha Mahal is a protected monument not under the Archaeological Survey of India (ASI), and therefore, there was a proposal to construct a boundary wall around it.
The court acknowledged the importance of protecting the monument and the central ridge as a source of fresh air and a barrier against strong, dusty, hot, and dry summer winds from Rajasthan. However, it emphasized that the proposed construction, including a 25-meter boundary wall and toilets, was not an acceptable approach.
The court had previously expressed concerns about the presence of 63 structures within the central ridge and insisted that constructions without protection from coercive action must be removed. It had also expressed displeasure over the construction of a concrete road in the central ridge area and instructed city authorities to take corrective measures or face contempt charges.
The case is scheduled to be heard again on October 9, 2023.
