SC asks Centre to give statutory status to Delhi Ridge Management Board, directs removal of encroachments

New Delhi, Nov 11 (PTI) In a significant verdict aimed at protecting the “green lungs” of the national capital, the Supreme Court on Tuesday directed the Centre to give statutory status to the Delhi Ridge Management Board (DRMB) and make it the single-window authority for all matters related to the Ridge and Morphological Ridge.

A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran delivered the judgment in the long-standing environmental case, TN Godavarman Thirumulpad vs Union of India, and emphasized that without legal protection and effective governance, the Ridge’s ecological integrity would be severely compromised.

Writing the judgement for the bench, the CJI dealt with three issues including the issuance of final notification of the Delhi Ridge under the Forest Act and removal of encroachments from the Delhi Ridge and the Morphological Ridge from at least May 9, 1996.

The third issue was the identification of Morphological Ridge.

“We are, however, of the view that without proper identification or preservation of the Ridge, the integrity of the entire ecology would be compromised. The Ridge acts as the green lungs of the city, especially in the present conditions of increased pollution. We, therefore, find that the DRMB needs to actively work towards protecting and preserving the Delhi Ridge after its due identification,” the bench said.

The effect of non-notification of Ridge as reserve forest deprives the said area of any protection, it said.

“We are, therefore, of the view that without proper statutory protection, it would not be possible to properly preserve the integrity of the Ridge,” it said.

The court came down heavily on the Delhi government for its “lack of swiftness” in protecting the Ridge despite repeated judicial directions over the last three decades.

“Though this court observed as early as in May, 1996 that the Government has not taken proper steps for conservation of the Ridge, not much has been done even after a lapse of almost three decades therefrom,” it said.

Referring to reports, it said they have found that the Ridge areas are now being rampantly encroached.

“The entire purpose of the ecological conservation of the Ridge is futile if illegal constructions are coming up throughout the area and the very purpose of the order passed by this court in M C Mehta case regarding creation of the DRMB would be frustrated if no steps are taken to contain such rampant encroachments. However, there does not appear to be any active steps taken by GNCTD towards securing the Ridge to preserve its sanctity,” it said.

The core functions of the DRMB must be directed towards conservation of the existing Ridge Forests and removal of existing encroachments from the Ridge.

The court also addressed the long-standing issue of the Morphological Ridge, areas identified by the Geological Survey of India that share the geological features of the Ridge but have not been legally notified.

Rejecting DDA's contention that the Morphological Ridge “has no legal backing”, the bench held that this area “is an equally important portion which requires preservation”.

The court directed that the ongoing process to identify and demarcate the Morphological Ridge, initiated under its February 2023 order, must be completed and reported to the court.

It directed the Ministry of Environment, Forest and Climate Change to formally constitute the Delhi Ridge Management Board under Section 3(3) of the Environment (Protection) Act, 1986.

The reconstituted DRMB will include top officials from both the Centre and Delhi government, senior representatives from urban and forest departments, and members from two NGOs.

A representative of the Central Empowered Committee (CEC) will also be a member, ensuring coordination and accountability.

The DRMB has been tasked with acting as a single-window authority for all matters concerning the Ridge and Morphological Ridge.

The DRMB will have to remove encroachments and prevent further fragmentation.

Besides, the board has to restore and conserve the Ridge through scientific and ecological measures.

It will have to complete the identification of the Morphological Ridge and submit compliance reports to the court besides ensuring transparency and public consultation, including maintaining a website and publishing reports online.

The court also directed that a Standing Committee be formed under the DRMB to oversee its day-to-day operations, with a CEC member as chairperson.

The bench ordered that the CEC representative in the DRMB must file reports every three months on the board’s functioning, while the DRMB itself will submit compliance reports every six months on the status of the Ridge and Morphological Ridge.

“All authorities in the territory of the NCT of Delhi must act in aid of the discharge of duties of the Board,” the court said. PTI SJK SJK KVK KVK