Delhi HC: Ridge not personal fiefdom of forest department

The court also directed the department to submit the file concerning sanction from RMB to construct the trail

Noting that the Ridge belongs to the people of Delhi and the forest department cannot deal with it in a cursory manner or consider it their personal fiefdom, the Delhi high court on Wednesday rebuked the department for constructing a 6-8-metre-wide trail in the Central Ridge area without obtaining permission from the Ridge Management Board (RMB).

The court remarked that the forest department was not the owner of the Ridge but merely a custodian. (Vipin Kumar/ HT Photo)

The court, while considering a plea concerning the well-being of the city’s Ridge area, also pulled up the department for their proposal to host an event involving a walkathon, a cyclathon, and a half marathon inside the notified Asola Bhatti Wildlife Sanctuary and said that being its custodian, the department was only required to supervise the conservation of the things existing there.

“Why is the need for all this? Why can’t it be a natural trail? What is the problem in that? Ridge is not the property of the forest department and you are only custodian of our rights and you (forest department) can’t deal with it in a cursory manner. You (forest department) are only required for supervising the conservation of the things existing at the ridge that belongs to the citizens of the country. Don’t consider it as your personal fiefdom,” justice Jasmeet Singh told advocate Sameer Vashishth, who appeared for the forest department.

Justice Singh added, “They (forest department) are not owners of the ridge, then why are they behaving like that? It is not adversarial and it is for the people of Delhi. Are the officers who are responsible masters know the act upside down? How do they permit this? They have taken no action to undo their wrong and they now seek to justify. You’ve given them a fait accompli. Walkathon, Marathon, cyclothon? What will the animals do? There is a problem here. You can’t do this. First time in India, a walkathon & cyclothon in the jungle. We are not in Serengeti or Masai Mara.”

On Wednesday, amicus curiae Gautam Narayan and Aditya Narayan Prasad submitted before the court that the construction was violative of the orders passed by the Supreme Court and the Delhi high court regarding the protection of the Ridge and provisions of the Indian Forest Act, 1927, and Wildlife (Protection) Act, 1972.

Advocate Vashisht admitted that though the trail was constructed without a permit from RMB, he assured to get it removed in case the department failed to obtain one. A request is presently pending before the RMB. The court also directed the department to submit the file concerning sanction from the board.

The same bench in a different hearing also reprimanded the Delhi government for its laxity in demarcating deemed forest in the capital saying that the citizens and the court cannot wait endlessly. Mooting to form a committee to preserve deemed forests in Delhi, justice Singh directed the government to file a status report demarcating deemed forests in the city as well as an action taken report against their depletion.

“Why has the situation come where the west ridge is concretised? There is no water body. It is shocking. In case they (land-owning agencies) don’t cooperate, then what is to be done? What after that? You get it (demarcation of deemed forest) done. Neither me nor the citizens can wait endlessly,” justice Singh told advocate Avishkar Singhvi, who also appeared for the Delhi government.