National Green Tribunal
Sonya Gosh vs Govt. Of N.C.T. Of Delhi on 4 July, 2025
Item No. 12 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Execution Application No. 39/2024
In
Original Application No. 58/2013
Sonya Gosh Applicant
Versus
Govt. of NCT of Delhi & Ors. Respondent(s)
Date of hearing: 04.07.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Amicus: Mr. Raj Panjwani, Senior Advocate (Amicus Curiae) and Mr. Aayushman
Aeron, Advocate in E.A No. 39/2024
Respondents: Dr. Aditya Sondhi, Senior Advocate (Through VC) with Mr. Aman
Panwar, Mr. Siddhant Buxy & Mr. Rijuk Sarkar, Advs. for R - 1 & 2
Ms. Jyoti Mendiratta & Ms. Ananya Basudha, Advs. for R - 3
Ms. Suhasini Sen, Ms. Supriya V. & Ms. Surbhi, Advs. for MoEF & CC
Mr. Gigi. C. George, Adv. for Delhi Police
Ms. Malvika Kapila Kalra, Ms. Bani Shinh & Ms. Apoorva Jain, Advs.
ORDER
1. By this execution application, the Applicant is seeking compliance of the order dated 15.01.2021 passed in OA No. 58/2013.
2. In the OA No. 58/2013 and in connected OA No. 144/2015, OA No. 116/2015 and M.A. No. 258/2015, the issue of protection and conservation of Delhi Ridge which is an extension of Aravalli Range was under consideration and the Tribunal had disposed of the OAs and MA by order dated 15.01.2021 by directing as under:
"xxx .........................................xxx......................................xxx
15. We are thus of the view that there is urgent need to take necessary steps to protect the Ridge by taking necessary steps to finalise the notification under section 20 of the Forest Act for reserved forest and protection by appropriate measures. The land about which there is clarity can be included in such notification and the remaining process can be undergone separately but expeditiously. No non-forest activity is permissible in Ridge area.1
16. In view of above, we direct that the Delhi Government through the Chief Secretary, Delhi to ensure that requisite Notification under Section 20 of the Indian Forest Act, 1927 is issued within three months in respect of the area about which there is no controversy. Further actions to be taken by the Delhi Government may include suitable protection by fencing/wall and vigilance. Identification of the remaining area and action plan for removing the encroachments be ensured within next three months. Execution of the action plan will be primarily under the Chief Secretary Delhi, who is also the Chairman of the Ridge Management Board.
17. We direct constitution of an Oversight Committee (OC) to be headed by DG Forest, MoEF&CC, Government of India with the Secretaries Revenue and Forest, Delhi Govt., the PCCF, Delhi, the concerned Deputy Commissioners, Delhi and the nominees of Police Commissioner, Delhi and the Forest Survey of India, Dehradun as members. Main function of the OC will be to oversee progress with regard to the removal of encroachments from the Ridge, its protection by way of fencing/boundary wall and preparation of management plan for its restitution. The Committee will be free to co-opt any other authorities/Experts. The Nodal agency will be the PCCF, Delhi for coordination and compliance. First meeting of the Committee may be held within one month and thereafter review may be undertaken periodically preferably at least once in a month till the action plan is executed.
In view of the above, O.A. No. 58/2013 stands disposed of.
O.A. No. 144/2015 seeks removal of encroachment in South Ridge Forest for which no separate order is necessary. The same will stand disposed of. O.A. No. 116/2015 also seeks removal of encroachments from Rangpuri area in South Delhi which will also stand disposed of. O.A. No. 10/2014 which also involves similar issue has already been disposed of by an earlier order of this Tribunal dated 11.11.2014, wherein M.A. No. 258/2015 has been filed for enforcement of earlier order will also stand disposed of.
We place on record our appreciation for the valuable assistance rendered by learned Amicus.
All pending M.A.s/I.A. will also stand disposed of in view of the order passed in main matter.
A copy of this order be forwarded to DG Forest, MoEF&CC, Government of India with the Secretaries Revenue and Forest, Delhi Govt., the PCCF, Delhi, the concerned Deputy Commissioners, Delhi (through PCCF Delhi) and the nominees of Police Commissioner, Delhi and the Forest Survey of India, Dehradun by mail for compliance."
3. The grievance of the Applicant in this execution application is that the aforesaid direction of the Tribunal has not been complied with till now, though more than four years have passed.
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4. Learned Amicus appearing in the matter has referred to the minutes of 16th meeting of the Oversight Committee dated 24.12.2024 and has pointed out Annexure-C of the said minutes where the status of the Notification under Section 20 of the Indian Forest Act, 1927 concerning Southern Ridge was disclosed as under:
" Phase-I • All the khasras meeting the following criteria were identified in the first phase:
free from encroachment, with no pending Tattima proceedings, and no pending litigation before Courts, Forest Settlement Officer (FSO), or Appellate Authority.
• Phase-I constitute approximately 3630.04 ha & 58.4% area of Southern Ridge • Final notifications under section 20 in respect of 2 villages have been issued under Phase-I comprising a total area of 96.16 ha. Additional area of 3526.98 ha in 13 villages is proposed for notification.
• Current status: File has been returned by DDA on 21.11.2024 mentioning, scanned file is retained in the office of DD/LM/SZ and original file is returned to DoFW.
• The comments of DDA are awaited.
• DCF(S) & DCF(W) are preparing the file for submission to State Govt for approval. "
5. He has submitted that at that stage the Phase-I was found to be free from encroachment and no pending litigation before the Court was found. It was also noted that the Phase-I approximately constituted 3630.04 Ha and 58.4% of Southern Ridge and in respect of two villages final notifications under Section 20 were issued and in respect of the area 3526.98 Ha in 13 villages, the notification was proposed. He submits that after that meeting also sufficient time has passed and the final notification in respect of the area of ridge falling in Phase-I has not been issued. In this regard, he has also referred to the affidavit of the Respondent No. 2 dated 04.04.2025 stating as under:
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"xxx .........................................xxx......................................xxx
6. That in compliance with the judgment dated 15.01.2021, draft Phase - I notification in respect of each village of Southern Ridge (i.e., 3630.04 Ha) for final notification under Section 20 of the Indian Forest Act, 1927, were prepared in February 2021 and was submitted for vetting of Department of Law, Justice & Legislative Affairs, GNCTD and concurrence of the Revenue Department.
7. That, out of the above proposed 3630.04 Ha., of area for Phase-I for final notification under Section 20, draft notification in respect of Chattarpur and Rangpuri having a total area of 96.16 Ha were approved for issuance of the final notification under section 20 of IFA, 1927 and the final notifications in respect of these two villages were issued after the approval in January, 2022.
8. That in respect of 3526.98 Ha out of 3630.04 Ha. of land proposed for Phase I, the draft notification in respect of Phase-1 notification of Southern Ridge for final notification under Section 20 of the Indian Forest Act, 1927 was again submitted for vetting of the Department of Law, Justice & Legislative Affairs, GNCTD after incorporating the comments of the Revenue Department (i.e. DM (South), DM (South West) and DM (New Delhi)).
9. That the modified Draft notification was vetted by Law Department on 14.12.2023 was onward submitted for approval of the GNCTD.
However, the file was returned to the Forest Department in reference to remarks of Revenue Department for obtaining comments of DDA due to urbanization of villages being part of Southern Ridge, for which the Phase 1 draft notification is being proposed, a shadow file was submitted to the DDA on 09.09.2024 and their comments are still awaited. However, Urbanization does not change the status of land designated as Reserved Forests."
6. He has submitted that as far back as on 23.03.2021 in the minutes of second meeting of the Oversight Committee, the status of the draft Notification of Phase-I covering the area 3934.26 Ha was taken note of by observing as under:
"3. Status of notification under section 20 of IFA 1927:
PCCF, Delhi informed that the draft notification for Phase-1 which covers 3934.26 Ha is prepared and expected to be submitted for approval of Government of NCT Delhi within next 7 days.
The draft notification for Phase-II which covers 1222.56 Ha will be prepared by end of the current week and expected to be submitted for approval of Government of NCT Delhi within next 15 days.
The tatima proceedings are awaited to be completed by Revenue Department, DGF & SS, MoEF&CC directed to complete all the pending cases positively within next one month.4
All the FSOs were requested to complete the settlement proceedings within next one month."
7. Referring to the latest affidavit of the Deputy Conservator of Forests (Protection & Monitoring) Department of Forests and Wildlife, Govt. of NCT of Delhi dated 18.06.2025, he has submitted that again a decision has been taken in the meeting to undertake the ground verification exercise of Phase-I to ascertain if the area falling in Phase-I is encumbrance free. He submits that this is fourth such ground verification exercise whereas Section 20 of the Indian Forest Act does not refer to the encroachment at the stage of notification under Section 20. He has read out Section 20 of the Indian Forest Act, 1927 which provides as under:
"20. Notification declaring forest reserved.--(1) When the following events have occurred, namely:--
(a) the period fixed under section 6 for preferring claims has elapsed, and all claims, if any, made under that section or section 9 have been disposed of by the Forest Settlement-
officer;
(b) if any such claims have been made, the period limited by section 17 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the appellate officer or Court; and
(c) all lands (if any) to be included in the proposed forest, which the Forest Settlement-officer has, under section 11 elected to acquire under the Land Acquisition Act, 1894 (1 of 1894), have become vested in the Government under section 16 of that Act.
the1 [State Government] shall publish a notification in the2 [Official Gazette], specifying definitely, according to boundary-marks erected or otherwise, the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification.
(2) From the date so fixed such forest shall be deemed to be a reserved forest."
1 Subs. by the A.O. 1950, for "Provincial Government". 2 Subs. by the A.O. 1937, for "Local Official Gazette" 5
8. His submission is that the matter is being unnecessarily delayed by the respondents and though substantial time has lapsed, the notification even in respect of Phase-I has not been issued.
9. Learned Senior Counsel appearing for the Respondents No. 1 and 2 has referred to the affidavit dated 18.06.2025 filed by DCF and stated that in the meeting of high-level authorities, the decision for ground verification has been taken. On the perusal of the said affidavit, we find that no timeline for issuing the final notification under Section 20 of the Indian Forest Act has been disclosed therein.
10. In the said background, learned Senior Counsel for Respondents No. 1 and 2 seeks two weeks' time to file a fresh affidavit disclosing the timeline for issuing the notification under Section 20 and also disclosing the need for identification/verification of encroachment for issuing the final notification under Section 20 of the Indian Forest Act.
11. The prayer is allowed. Let the affidavit of the competent authority to the above effect be filed within two weeks.
12. Learned Counsel appearing for the DDA also seeks 10 days' time to file the affidavit in terms of the earlier order.
13. List on 25.07.2025.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM July 04, 2025 Execution Application No.39/2024 In Original Application No. 58/2013 dv 6