National Green Tribunal
News Item Titled "Why Efforts To Reclaim ... vs The State (N.C.T. Of Delhi) & Ors on 25 August, 2025
Item Nos. 14 to 16 Court No. 1
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Execution Application No.32/2024
In
Original Application No. 10/2014
Pavit Singh Applicant
Versus
The State (N.C.T. of Delhi) & Ors. Respondent(s)
With
Execution Application No. 39/2024
In
Original Application No.58/2013
Sonya Gosh Applicant
Versus
Govt. of N.C.T. of Delhi & Ors. Respondent(s)
With
Original Application No.1188/2024
News Item titled "Why efforts to reclaim the Ridge -Delhi's lungs - is no
easy task" appearing in the Indian Express dated 09.09.2024
Date of hearing: 25.08.2025
Date of Uploading:04.09.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
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Applicant: Mr. Pavit Singh, Applicant in Person in E.A No. 32/2024
Mr. Raj Panjwani, Senior Advocate (Amicus Curiae) with Mr. Aayushman
Aeron, Adv. in E.A No. 39/2024
Respondents: Dr. Aditya Sodhi, Senior Advocate with Mr. Aman Panwar, Mr. Siddhant
Buxy & Mr. Rijuk Sarkar, Advs. for R - 1 & 2
Ms. Suhasini Sen, Ms. Supraja V & Ms. Masooma Rizvi, Advs. for MoEF
& CC
Ms. Jyoti Mendiratta & Ms. Ananya Basudha, Advs. for DM South,
GNCTD
Ms. Puja S. Kalra & Mr. Virendra Singh, Advs. for MCD
Mr. Gigi. C. George & Mr. Sunil Kumar, Advs. for Delhi Police
Ms. Malvika Kapila & Ms. Apoorva Jain, Advs. DDA in E.A. No. 39/2024
ORDER
1. In the Execution Application No. 39/2024, applicant is seeking compliance of the order dated 15.01.2021 passed in OA No. 58/2013.
2. Directions were issued by Tribunal on the issue of conservation and protection of Delhi Ridge which is an extension of Aravalli Range. Tribunal had disposed of the OA by order dated 15.01.2021 with a direction to the Delhi Government through Chief Secretary, Delhi to ensure issuance of Notification under Section 20 of the Indian Forest Act, 1927 within three months in respect of the area about which there is no controversy. Direction of the Tribunal in the order dated 15.01.2021 passed in OA No. 58/2013 was as under:-
"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.
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 2 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."
3. The said direction has not been complied with and stand of respondent no.1 and 2 in the latest affidavit dated 21.08.2025 is that exercise of issuance of final notification under Section 20 of the Indian Forest Act, 1927 for phase-I will be completed within two months. Phase-I originally relates to an area of 3630.04 ha. and 58.4% of southern ridge area.
4. Oversight committee in the 16th meeting dated 06.11.2024 had recorded the status of phase-I as under:-
" Status of Notification under Section 20 of the Indian Forest Act, 1927, Southern Ridge:-
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. Notification under Section 20 of the Indian Forest Act, 1927 has not been issued till now and earlier stand was taken that in respect of phase-I 3 now ground verification is required which was objected to by the Learned Amicus Curiae and now in the affidavit dated 21.08.2025 a stand has been taken that in the High Level Meetings held on 16.07.2025 and 28.07.2025, a decision has been taken to dispense with ground verification. Stand of respondent no. 1 and 2 in the affidavit dated 21.08.2025 is as under:-
"2. That the final notification under Section 20 of the IFA, 1927, in respect of Chattarpur and Rangpuri villages (Phase-I), covering 96.16 hectares, was issued in January 2022, in compliance with the judgment dated 15.01.2021.
3. That the draft notification for the remaining 3287.076 hectares of Phase-I was re-submitted to GNCTD on 03.04.2025 for approval.
4. That, pursuant to high-level meetings held on 16.07.2025 and 28.07.2025, it was decided that ground verification may be dispensed with to expedite the final notification for Phase-I.
5. That the Department is now in the process of completing all formalities for issuance of op the final Section 20 notification for Phase-I, limited to encumbrance-free land under its clear possession, which shall be completed within two (2) months."
6. Learned Amicus Curiae has submitted that issue concerning the final notification for the ridge area is pending since long and inspite of repeated directions of the Tribunal, final notification has not been issued till now. He has submitted that phase-I relates to an undisputed area where no encroachment exists, therefore, issuance of final notification under Section 20 of the Indian Forest Act, 1927 in respect of phase-I is a mere formality. He has referred to the order of the Tribunal dated 15.05.2013 passed in OA No. 58/2013 wherein Tribunal had noticed agenda item no.5 of the minutes of the meeting of the Ridge Management Board under the Chairmanship of Chief Secretary held on 10.07.2007 which was extracted in the proceedings of the Tribunal as under:-
"Item No. 5: Final Notification of Ridge:
Notification under Section 4 of the Indian Forest Act, 1927 declaring part of the Ridge as Reserved Forest was issued on 24/05/94 and the then Additional District Magistrate (HQ) in the office of the Deputy Commissioner, Delhi was appointed as Forest Settlement Officer to enquire into and determine the existence, nature and extent of any 4 rights/claims alleged to exist in favour of any person in or over any land comprised within such limits of above notification.
Consequent upon the reorganization of the Revenue Districts, ADM (HQ), ADM (South District) and ADM (South-West District) have been appointed Forest Settlement Officers vide Notification No. F.3(42)-
I/PA/DCF/93/II/181-198 dated 10th May, 2006 to complete the settlement rights and claims in respect of the areas of Ridge notified under Section 4 of the Indian Forest Act, 1927. Thus all claims/rights of the individuals in or over the ridge proposal to be notified as RF, were required to be secured by the above three FSOs in accordance with the provisions made in the Indian Forest Act, 1927. It was also informed that the settlement process as per IFA, 1927 was in process and the final reports of FSOs were awaited for issuance of their finally notified as RF under Section 20 of IFA,1927.
The Chairman, RMB expressing his concern about the slow progress made in the matter directed that all the rights and claims of the individuals be settled by FSOs by 15th September, 2007 and reports submitted to the Secretary 9 (I&F), Govt. of NCT of Delhi for obtaining approval of the competent authority for issuance of final notification under Section 20 of IFA, 1927 by 30th September, 2007."
7. Tribunal in the order dated 15.05.2013 had also recorded as under:
"However, learned counsel appearing for the newly added party could not refute the contentions of the either side that the non-forest activity cannot be permitted in a forest area. The DDA and even learned counsel appearing for the authorities have stated that they have made various efforts to stop unauthorized activity including demolition of liquor shop in the forest area but the residents persist in non-forest activity on one pretext or other.
No one can dispute the limitation of the authorities keeping in mind the issue involved in the present case.
Citizens duty bound to obey the law. Rights contemplated in terms of any constitutional mandate including Article 21 of the Constitution of India do have its own limitations. A right cannot be claimed in violation of the law. The areas have been duly notified 'Reserved Forest' and as such no person has any right to destroy the same in flagrant violation of the provisions of law."
8. In view of the above discussions Tribunal had issued following directions:-
" 1. All without exception are hereby prohibited from throwing any malba into the reserved forest area in terms of the provision of the Notification of 24th May. 1994.
2. All the malba that has been collected which ought to have been removed by the authorities now shall be removed by DDA and PWD. The expenses for such removal shall be equally made by both authorities however, the ridge shall be under the charge of the DDA
3. If any person is found to be throwing any malba in the ridge area subject matter of the present Application, the Police Authorities shall not only prevent him from throwing malba in that area but even be 5 entitled to ask for Rs. 25000 for removal of the malba per truck from that person. These directions are passed on the strength of Principle of polluter pays as well as the preventive measure to protect the reserved forest in the coming times.
4. ADM (HQ), ADM (South District) and ADM (South-West District) who had been declared as the Forest Officer for determination of rights shall complete the settlement of rights and claims in relation to notified area within a period of 6 months from today. The ADM (HQ) shall file before us a report to the steps taken by him.
Upon settlement of rights, final Notification shall be issued by the appropriate Government in terms of Section 20 of the Act within a period of 9 months from today. The Chief Secretary of NCT of Delhi is hereby directed to ensure the full implementation of this Order by all three agencies.
The DCP South shall ensure complete compliance of these directions and submit interim report on the next date of hearing.
The Forest Authorities as well as DDA shall ensure that in the meanwhile the reserved forest area is not put to any unauthorized ore impermissible activity and they shall take steps to ensure prohibition of such activity in accordance with law. They shall also ensure that no destruction of forest by construction of roads or otherwise is carried out in the meanwhile."
9. Learned Amicus Curiae has pointed out that in terms of the above directions, notification after settling the rights and claims in relation to the notified area was to be issued under Section 20 of the Indian Forest Act, 1927 within nine months from 15.05.2013.
10. Learned Amicus Curiae has referred to the subsequent order of the Tribunal dated 24.07.2015 passed in OA No. 58/2013 whereby Tribunal had directed the forest department to take steps for declaring the area in which no claims of any nature were arising or were settled as a forest area. Direction of the Tribunal in the order dated 24.07.2015 was as under:
".........We, therefore, direct the Forest Department to take steps for declaring the area in which no claims of whatsoever nature are arising or have been settled as a forest area."
11. He further submits that Tribunal in the subsequent order dated 16.08.2016 had noted the timeline for demarcation of the villages falling under Sought District part of Southern Ridge as under:- 6
"
S. Action Quantum of Executive Probable Responsible No. work Bigha- Agency/Department Time line Office Biswas for completion by 1 Demarcation of ridge 8387-06 Revenue October SDM(Saket) forest area in Asola Department 2016/3 village months.
2 Demarcation of ridge 11101-19 Revenue January SDM(Saket)
forest area in 3306-15 Department 2016/3
Bhati+Sahoorpur+Raipur 60-09 months
Khurd Villages
3 Demarcation of ridge 1263-02 Revenue February/1 SDM(Saket)
forest area in Satbari Department month
village
4 Demarcation of ridge 225-10 Revenue Marchl/1 SDM(Saket)
forest area in Chattarpur Department month
village
5 Demarcation of ridge 466-10 Revenue April/1 SDM(Saket)
forest area in Neb Sarai Department month
village
6 Demarcation of ridge 5175-06 Revenue Mid SDM(Saket)
forest area in Devli Department June/1.5
village month
7 Demarcation of ridge 4263-02 Revenue July SDM(Saket)
forest area in 65-19 Department 2017/1.5
Maidangarhi+Sidulajab
villages
"
12. He submits that in terms of the above chart, demarcation work was to be completed within six months. Referring to the affidavit dated April 2019 filed in OA No. 58/2013, he has submitted that Divisional Commissioner cum Principal Secretary, Revenue Department, GNCTD had placed on record 19 maps along with the consolidated map handed over by revenue officials to the forest department showing the exact status of the ridge land in different colour wherein encroachment free forest land was shown in green colour and forest land with encroachment was shown in brown colour strips. Relevant extract of the said affidavit is as under:-
"2. That in compliance to the directions of the Hon'ble Tribunal a detailed joint status report on demarcation and handing over of Forest Land as on 29-03-2019 signed by the Deputy Conservator of Forest (South) and District Magistrate (South) is annexed and marked as ANNEXURE-1.
3. That, the Revenue department and Forest department have conducted joint survey and subsequently with the help of TSM surveyor prepared the TSM survey maps for 19 villages viz. Aya 7 Nagar, Chattarpur, Neb Sarai, Sahoorpur, Rajpur khurd, Devli, Asola, Bhati, Maidangarhi, Saidulajab, Satbari, Jaunapur, Dera Mandi, Tughalakabad, Pul Pehlad Pur, Rajokri, Rangpuri, Ghitorni and Mahipalpur. Duly signed Maps by the concerned revenue officials have been handed over to Forest Department. Copies of the said 19 maps along with a consolidated map are marked and annexed as ANNEXURE-2 (Colly).
4. That the Revenue Department while preparing the maps have shown separately in different colours the exact status of land. The encroachment free Forest land has been shown in green colour. The land where Tatima is not available is shown in green colour with blue1498".
13. Learned Amicus Curiae has also pointed out that maps were accepted by the Tribunal in the proceedings dated 22.05.2019 in OA No. 58/2013 and Tribunal, thereafter had directed the parties to ensure status quo existing as on 22.05.2019. Order passed by the Tribunal on 22.05.2019 was as under:-
"After hearing the Learned Counsels for some time, on perusal of the joint inspection report and the appended maps, we consider it proper to call for the District Magistrate, Tehsildar and Patwari of the concerned area to appear in person and explain the queries which have been noted by the Counsels for the respondents.
The Learned Counsel for the respondent submits, on the instructions of the officer present before us, that work of fencing on the land in question is continuing and shall be completed. No encroachment, whatsoever, shall be allowed to be made on the land in question including the one which has already been allotted (Annexure-3 to the Status Report).
In other words, the status-quo as exists today shall be maintained by all the parties."
14. He has further submitted that Tribunal by order dated 15.01.2021 had directed the Delhi Government through the Chief Secretary to ensure issuance of notification under Section 20 of the Indian Forest Act, 1927 in respect of the area about which there was no controversy within three months. Directions of Tribunal in the proceedings dated 15.01.2021 was as under:-
"16. In view of above, we direct that the Delhi Government through the Chief Secretary, Delhi to ensure that requisite Notification under 8 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."
15. He has further pointed out that order of the Tribunal dated 15.01.2021 was duly taken note of the High Court of Delhi in Writ Petition (C) No. 9965/2016 in the order dated 08.11.2023 wherein after quoting the order of the Tribunal dated 15.01.2021 passed in OA No. 144/2015, Delhi High Court had observed as under:-
"4. By perusing the order dated 15.01.2021, it was categorically directed that the Delhi Government through its Chief Secretary to ensure requisite notification under section 20 of the Indian Forest Act, 1927 to be issued within 3 months."
16. Delhi High Court in the above order had noted that inspite of the direction of the Tribunal till the passing of the order of the Delhi High Court, final notification under Section 20 of the Indian Forest Act, 1927 was not issued, therefore, Delhi High Court in the above writ petition had given last opportunity by observing that Chief Secretary, prima-facie, had committed the contempt of the order dated 15.01.2021. Accordingly, Delhi High Court in the above writ petition had observed as under:-
"8. The NGT passed the order on 15.01.2021, since then more than 2 years and 10 months have elapsed and till date the concerned Chief Secretary has not taken any action, which shows complete disregard to the orders passed by the Court.
9. Therefore, I am of the view that prima facie the Chief Secretary is in contempt of the order dated 15.01.2021 passed by the NGT and is liable to be prosecuted under Contempt of Courts Act, 1971.
10. As a last and final opportunity a period of two weeks are granted to comply with the order dated 15.01.2021. If the said notification is not issued within 2 weeks from today, the Chief Secretary shall appear through VC on the next date of hearing."
17. Learned Amicus Curiae has also referred to the order of the Delhi High Court dated 15.03.2011 passed in Writ Petition (C) No. 3338/2001 9 wherein order of Hon'ble Supreme Court has been referred and it is noticed that issuance of notification under Indian Forest Act, 1980 was a mere formality to secure the area. Observation of the Delhi High Court in the above order was as under:-
"14. A perusal of the order dated 25th January, 1996 (supra) of the Supreme Court shows that the land with respect whereto Notification was directed to be issued was described as "Ridge area which has to be preserved. No cultivation or any type of construction can be permitted on this area." The Supreme Court in the said proceedings was concerned with preservation of the green area to provide a lung to the ever increasing population of the city of Delhi. In the subsequent order dated 13th March, 1996, the Supreme Court further observed that the "land is part of the ridge area. Even though it is not a reserved forest, it happens to be a forest. This area cannot be utilized in any manner in view of the prohibitions contained in the Forest Conservation Act, 1980. In this view of the matter, issuing of notification is a simple formality to secure the area. We, therefore, reiterate and request the Lieutenant Governor to have necessary notification issued within time specified by us."
18. On the basis of the above submissions, Learned Amicus Curiae has submitted that inspite of the repeated affidavit and assurances, Chief Secretary, GNCTD has not ensured issuance of final notification under Section 20 of Indian Forest Act, 1927 in respect of the area where there is no encroachment. He has submitted that on account of said delay gradually encroachment free area of phase-I is reducing and encroachment is going on. In support of such a plea, he has referred to the second meeting of the Oversight Committee held on 16.03.2021 (page 131) wherein the area covered by draft notification for phase-I was stated to be 3934.27 ha. He has further referred to the additional affidavit of respondent no.2 dated 04.04.2025 wherein area covered by draft notification under Section 20 of the Act is reduced and reduced area is stated to be 3287.076 ha. In the said background, submission of the Learned Amicus Curiae is that Tribunal should pass a preemptive order to the effect that if the final notification under Section 20 of the India Forest Act, 1927 in respect of un-encroached area in phase-I is not issued within two months in terms 10 of the disclosure made by respondent no. 1 and 2 in the notification dated 22.08.2025 then the obligation and restrictions contemplated in the final notification under Section 20 of the Indian Forest Act, 1927 will come into play with effect from the expiry date of two months from today.
19. Learned Senior Counsel appearing for respondent no. 1 and 2 on instruction has assured that by 16.10.2025 final notification under Section 20 of the Indian Forest Act, 1927 of phase-I will be issued and has requested for listing the matter on 16.10.2025.
20. In view of the above submission, we have restrained ourselves from passing the preemptive order as prayed by Learned Amicus Curiae.
21. Let respondent no. 1 and 2 are directed to place on record the final notification under Section 20 of the Indian Forest Act, 1927 for un- encroached area of phase-I on or before the next date of hearing.
22. List on 16.10.2025.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM Ishwar Singh, EM August 25, 2025 Execution Application No.32/2024 & Connected matters JG.
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