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Delhi High Court demands explanations on unauthorized constructions in Southern Ridge Forest

The Delhi High Court has taken a stern stance on the issue of unauthorized construction in the Southern Ridge forest area, ordering the state government, Municipal Corporation of Delhi (MCD), and Delhi Development Authority (DDA) to provide a detailed explanation regarding the permissions granted for new constructions in this ecologically sensitive zone. This directive comes in the wake of an alarming revelation by the amicus curiae that illegal construction activities have been ongoing in the Chattarpur area within the Southern Ridge.

A bench comprising Justices Satish Chandra Sharma and Justice Sanjeev Narula emphasized the need for comprehensive affidavits to be filed by the Forest Department of the Delhi government, MCD, and DDA. These affidavits are expected to shed light on the process and rationale behind granting permissions for new constructions within the Southern Ridge forest area, including but not limited to the controversial 'Risland-Sky Mansion' housing project.

This legal action stems from a batch of Public Interest Litigations (PILs) addressing the deteriorating ambient air quality in Delhi, a concern that the court has also taken up suo motu. In response to the air quality crisis, the court had appointed an amicus curiae to provide expert insights.

Senior advocate Kailash Vasudev, serving as the amicus curiae, argued that regardless of the classification of the housing projects as being within 'Lal Dora' or 'Abadi' areas, these zones are situated within the Southern Ridge forest area and should be considered 'reserved forests.' He pointed out that construction within the ridge area is strictly prohibited due to its ecological significance.

The MCD, in compliance with the court's previous order, submitted a detailed affidavit acknowledging the construction of a large-scale residential complex named 'Risland-Sky Mansion' in the Southern Ridge forest zone in Chhatarpur. However, the MCD counsel contended that the municipal corporation bears no responsibility for this encroachment, as the land in question falls under the purview of the Delhi government's Forest Department. Consequently, the Forest Department is expected to provide relevant affidavits regarding the constructions within the Southern Ridge forest.

In a separate development, the Centre had informed the court in March that there has been a consistent increase in green cover in the national capital, with a notable shift towards denser forested areas. This transformation was seen as a positive development by the Ministry of Environment, Forest and Climate Change, as it signifies an enhanced capacity of forests to absorb carbon and combat environmental pollution.

Nevertheless, the high court had previously expressed concerns about the substantial loss of forest cover in the national capital, particularly in the vicinity of the Asola sanctuary, the airport, and the President's house. The amicus curiae had presented photographic evidence highlighting this issue. To address the decline in forest cover, the amicus recommended that the government focus on cleaning identified areas encroached upon in the ridge area.

In conclusion, the Delhi High Court's directive for a comprehensive explanation from relevant authorities regarding unauthorized construction in the Southern Ridge forest area underscores the importance of preserving ecological balance and protecting the environment in the face of urban development pressures. Additionally, ongoing efforts to increase green cover in the city are juxtaposed with concerns about the loss of valuable forested areas.

 

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