Delhi High Court - Orders
Devinder vs The Lt. Governor & Ors on 15 December, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~91 & 6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9965/2016
DEVINDER ..... Petitioner
Through: Mr. Gautam Narayan, Mr. Aditya
N. Prasad, Ms. Prabhsahay Kaur,
Amici Curiae with Ms. Asmita
Singh, Mr. H Goel, Mr. BI Singh,
versus
THE LT. GOVERNOR & ORS. ..... Respondent
Through: Mr. Satyakam, ASC with Mr.
Pradyut Kashyap, Ms. Vishnupriya
Pandey, Advs.
Mr. Arun Birbal, Mr. Sanjay Singh,
Advs.
Mr. Kirtiman Singh, CGSC with
Mr. Waize Ali Noor, Mr. Varun
Rajawat, Mr. Varun Pratap Singh,
Ms. Shreya V. Mehra, Advs.
6
+ CONT.CAS(C) 1065/2016, CM APPL. 54046/2023, CM APPL.
54202/2023, CM APPL. 54203/2023, CM APPL. 54205/2023, CM
APPL. 54206/2023, CM APPL. 54208/2023, CM APPL.
54209/2023
SURJEET KUMAR ..... Petitioner
Through: Mr. Gautam Narayan, Mr. Aditya
N. Prasad, Ms. Prabhsahay Kaur,
Amici Curiae with Ms. Asmita
Singh, Mr. H Goel, Mr. BI Singh,
Advs.
versus
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 20/12/2023 at 21:20:15
KEWAL KUMAR SHARMA & ORS ..... Respondents
Through: Mr. Satyakam, ASC with Mr.
Pradyut Kashyap, Advs.
Mr. Amit Anand, DCF HQ,
Dr. Mamta Yadav, SDM, Najafgarh
Ms. Vishnupriya Pandey, LA DCF
South
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 15.12.2023
1. In compliance of the last order dated 08.11.2023, an affidavit by the Department of Forest, GNCTD has been filed which is totally unsatisfactory.
2. Admittedly, out of an area of about 7784 hectares of the Ridge land, Section 20 notification under the Indian Forest Act, 1927 has been moved only for an area of 96.16 hectares leaving an area of about 7688 hectares of Ridge land non-notified under section 20 of the Indian Forest Act, 1927.
3. The affidavit only seems to suggest that action will be taken in the near future but is totally silent as to what action has been taken till day from 08.11.2023, what is the time frame within which the notification will be issued and the time frame within which the encroachment will be removed from the Ridge land.
4. After hearing arguments, I am of the view that the orders passed by the Hon‟ble Supreme Court and NGT from time and again required the respondent to perform its statutory duty and protect the ridge land but the same is not happening. This Court gets the impression from the affidavit This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2023 at 21:20:15 that the respondent is not keen in protecting the ridge land.
5. The Ridge is part of the Aravalli Range and needs to be protected; every step must be taken within the power and jurisdiction of the Department of Forest, GNCTD to protect the Ridge.
6. Mr. Satyakam, learned ASC states that 2 weeks may be granted to the respondent to file a better affidavit and the respondent shall also ensure that substantial portion of 7688 hectares of Ridge land would be notified under Section 20 of the Indian Forest Act.
7. In addition, Mr. Satyakam, learned ASC also assures that the respondent shall take extra efforts and employ more people to ensure that not a single inch of the Ridge land is encroached.
8. At request of Mr. Satyakam, learned ASC, L&DO and DDA is impleaded as a necessary party. Mr. Kirtiman Singh, learned CGSC accepts notice for L&DO and Mr. Satyakam, learned ASC accepts notice for DDA. L&DO and DDA are impleaded only for the ensuring implementation of the notification dated 19.05.2004 and for handing over of forest land to the Department of Forest, GNCTD.
9. List on 08.01.2024.
JASMEET SINGH, J DECEMBER 15, 2023/DM This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2023 at 21:20:16