SC pulls up Delhi govt, revives Ridge Board with legal powers

The reconstituted 14-member board will include top officials from Delhi and the Centre, along with civil society representatives and conservation experts.

As toxic haze once again blanketed the Capital, the Supreme Court on Tuesday pulled up the Delhi government for failing to protect the Delhi Ridge, and issued a sweeping order to safeguard it from further encroachments and neglect.

The CEC’s 2024 report showed that of the total Ridge area — divided into the Northern Ridge (87 hectares), Central Ridge (864 ha), South-Central Ridge in Mehrauli (626 ha) and Southern Ridge (6,200 ha) — about 308.5 hectares, or 5%, is under encroachment. (HT Archive)

Calling the Ridge the city’s “green lung”, the apex court gave statutory backing to the long-defunct Delhi Ridge Management Board (DRMB), expanded its composition, and directed it to act as a single-window authority for all matters concerning the Ridge and the Morphological Ridge.

A bench headed by Chief Justice of India Bhushan R Gavai and justice K Vinod Chandran said, “The Board shall act as a single-window authority insofar as the Delhi Ridge and the Morphological Ridge is concerned,” while restructuring the DRMB as a 14-member body under the Environment (Protection) Act.

The new board will be headed by the Delhi chief secretary and include members from key Union and Delhi government ministries, the Central Empowered Committee (CEC), statutory authorities such as the Delhi Development Authority (DDA), the Municipal Corporation of Delhi (MCD), the New Delhi Municipal Council (NDMC), Central Public Works Department (CPWD), the Delhi Police, and representatives from civil society.

The court passed the order after examining a report filed by the CEC earlier this year, which flagged “serious encroachment” of Ridge land. Directing immediate action, the bench said, “The Board must remove all encroachments in the Delhi Ridge as well as the Morphological Ridge and ensure its pristine glory by taking all necessary steps to improve the Ridge including afforestation and habitat conservation.”

The DRMB, originally set up in 1995 by a Delhi high court order, had functioned for nearly three decades without statutory authority — a gap that the Supreme Court said had eroded its efficacy and accountability. “A statutory backing will firstly ensure that the fundamental principles of administration would directly apply to the Board. Secondly, a statutory authority working under Section 3(3) of the Environment Protection Act would be subject to the jurisdiction of the National Green Tribunal under Section 14 of the NGT Act, 2010. Thirdly, the accountability and transparency required of a statutory body, such as publication of reports on websites, being subject to the RTI Act etc., would be ensured by the Board being an authority under Section 3(3) of the EP Act,” the order said.

The court further noted that orders issued by the DRMB could now be challenged before the Delhi high court or the Supreme Court, bringing greater judicial oversight to its functioning.

To ensure that day-to-day decisions are not delayed, the court directed the new DRMB to set up a standing committee chaired by a CEC member and including the Delhi government’s Principal Chief Conservator of Forests (PCCF), two civil society representatives from the Board, and nominees of the Delhi chief secretary and DDA who are experts in conservation. This mechanism, the bench said, should function on the lines of the Standing Committee of the National Board for Wildlife.

The CEC’s 2024 report showed that of the total Ridge area — divided into the Northern Ridge (87 hectares), Central Ridge (864 ha), South-Central Ridge in Mehrauli (626 ha) and Southern Ridge (6,200 ha) — about 308.5 hectares, or 5%, is under encroachment. The court observed that despite multiple committees and overlapping jurisdictions, little had been done on the ground to protect these areas.

The National Green Tribunal had in 2021 formed an oversight committee, while the Delhi high court and the Supreme Court had both constituted separate expert bodies in later years to address similar concerns.

The bench noted that the Delhi government had shown little urgency in tackling the problem. “There does not appear to be any active steps taken by GNCTD (Delhi government) towards securing the Ridge to preserve its sanctity,” the judgment said, warning that the intent behind the 1995 creation of the DRMB would be “frustrated” if such inaction continued.

“We are, therefore, of the view that without proper statutory protection, it would not be possible to properly preserve the integrity of the Ridge… Like the CEC, if the DRMB is also given a statutory status, it will be in a position to function effectively and also be accountable and answerable,” the court said.

The Supreme Court directed the DRMB to submit compliance and status reports every six months on the condition of both the Ridge and the Morphological Ridge. Additionally, the CEC member on the Board will report to the court every three months on whether the Board is functioning as directed.

The new 14-member composition will include, besides the chief secretary as chairperson, the vice-chairperson of DDA, the MCD commissioner, the NDMC chairperson, a representative of the Delhi Police not below the rank of joint commissioner, and the director-general of CPWD. From the Centre, the nominees will include representatives of the Director General of Forests and Special Secretary (MoEFCC) not below the rank of inspector general, and the Ministry of Housing and Urban Affairs. From the Delhi government, the principal secretaries of environment and forests, and land and revenue departments will serve as members.

The court also directed that the DRMB must issue public notices ahead of its meetings and upload its reports to a public website to ensure transparency.

In its earlier hearings, the Supreme Court had asked the environment ministry to ensure a single-window clearance for tree-felling permissions in the Ridge area, a demand that has now been met through the creation of a statutory DRMB. The Centre had earlier proposed a reconstituted Board but had opposed giving it statutory status.

The CEC’s report, filed in May 2024, had warned that “the management of the ridge land does not seem to be up to the mark, 5% is under encroachment, rate of diversion is on the rise and 4% has been diverted.” The Ridge, the last surviving stretch of the ancient Aravalli range, serves as a natural buffer against dust and pollution and provides habitat to hundreds of species of flora and fauna.