HC Orders Delhi Govt To Declare Un-Encroached Forest Area As “Reserved”

New Delhi [India]: While dealing with a bunch of petitions, the Delhi High Court on Wednesday directed the Delhi Government to declare the un-encroached forest area as reserved forest in the national capital under Section 20 of the Indian Forest Act.

This order was passed in view of the order by the National Green Tribunal (NGT) in January 2021.

Justice Jasmeet Singh directed the Chief Secretary of the Delhi Government to issue a notification declaring the un-encroached forest area as a reserved forest within two weeks.
A contempt of court notice shall be issued in case of failure, the court ruled. It also pulled up the Delhi government for its failure to protect the forest.

“If the notification is not issued, a contempt of court notice will be issued to the Chief Secretary,” Justice Singh warned.
The matter will be heard on December 15.

On January 15, 2021, the NGT passed an order directing the Chief Secretary to ensure that the un-encroached forest is declared as a reserved forest within three months.

“In case the Section 20 notification of the Forest Act is not issued within two weeks, the Chief Secretary of GNCTD shall be liable for contempt action and notice of contempt will be framed on that day. In case the notification is not issued, the Chief Secretary shall appear before the Court through VC,” the Court ordered.

The High Court was informed that even after three years passed since the order by the NGT, no such notification was issued.

Justice Singh remarked that if the government cannot take care of forests, it shall make a statement that “only God can help Delhi’s citizens”.

“I can issue a contempt notice but why is the administration expressing helplessness? If you are incapable, make a statement and say, God help the citizens of Delhi. Say that we are at the mercy of God and the government cannot do anything,” Justice Singh expressed displeasure over the state of affairs.

It was also submitted that the NGT had directed the authorities to constitute an oversight committee (OC) to oversee the progress of the removal of encroachments from forests and their restitution under the leadership of the Director General (Forest), Ministry of Environment, Forests and Climate Change. It was directed to hold a meeting at least once a month.

The bench said that there should have been at least 34 meetings but only some meetings have been held.

“Another shocking aspect is that of the 394 hectares of forest land that have been encroached upon, only 82 hectares have been freed over a period of four years,” the court said.

The court also noted the submissions made by Advocate Madan Lal Sharma and Amicus Curiae that even on this free land, encroachment has come up again.
Advocates Aditya N Prasad and Armaan Verma appeared for petitioners Bhavreen Kandhari

and Harsh Vardhan.
“The non-action again shows total disregard for directions issued by the Honourable NGT. In case, the directions of the NGT are not acted upon scrupulously and in letter, intent and spirit by the oversight committee, this court will be constrained to issue contempt notice against the members of the oversight committee,” the court added.

The Court has directed the authorities to file a comprehensive affidavit on the steps taken to reclaim the encroached land.

In the petition filed by Devinder, advocates Prasad and Gautam Narayan also acted as amicus curiae.