Delhi HC Seeks Explanation form Govt Bodies on Construction in City Southern Ridge Area

The Delhi High Court has directed the state government, MCD (Municipal Corporation of Delhi), and DDA (Delhi Development Authority) to provide explanations regarding the granting of permissions for new constructions within the Southern Ridge forest area, where a multi-storey housing project has already been developed.

A bench comprising Justice Satish Chandra Sharma and Justice Sanjeev Narula was informed by the amicus curiae that illegal construction activities have been observed in the Chattarpur area within the Southern Ridge.

“The counsel representing the Forest Department, Delhi government, as well as the counsel for MCD and Delhi Development Authority (DDA), are instructed to submit a comprehensive affidavit detailing the permissions granted for new constructions in the Southern Ridge forest area, including but not limited to the ‘Risland-Sky Mansion’ housing project,” stated the bench.

The court was hearing a batch of PILs (Public Interest Litigations) related to the issue of poor ambient air quality in Delhi, a matter it has taken up suo motu (on its own) and for which it has appointed an amicus curiae to assist.

Senior advocate Kailash Vasudev, appointed as the amicus curiae in the case, argued that regardless of whether the housing projects were constructed in ‘Lal Dora’/’Abadi’ areas, these areas are situated within the Southern Ridge forest zones, where no construction should be permitted, as they are considered ‘reserved forests.’ He emphasized that construction is prohibited in the ridge area.

The counsel for the Municipal Corporation of Delhi (MCD) submitted a detailed affidavit, confirming the construction of at least one large-scale residential complex in the Southern Ridge forest zone, known as the ‘Risland-Sky Mansion’ housing project in Chhatarpur. The MCD counsel stated that the municipal corporation has no role in the encroachment issue, as the relevant landowner is the Delhi government’s Forest Department, which should provide relevant affidavits regarding the constructions in the Southern Ridge forest.

In March of this year, the Centre informed the court that there has been a continuous increase in green cover in the national capital, particularly in denser forest areas, which was seen as a positive development. The Ministry of Environment, Forest and Climate Change stated that this growth in denser forest areas signifies an increase in the forests’ capacity to sequester carbon and mitigate environmental pollution.

Earlier in February, the high court had expressed concerns about the drastic loss of forest cover in the national capital and emphasized the need to protect nature. The amicus curiae had presented photographs highlighting the loss of forest cover, especially around Asola sanctuary, the airport, and the President’s house.

When offering suggestions to increase the city’s forest cover, the amicus curiae had recommended that the government take measures to clear identified areas where encroachments have occurred in the ridge area.