HC puts PWD secretary in charge of removing encroachments in forest areas

The orders have been issued with regard to a PIL on air pollution in the city, taken up suo motu by the HC earlier this year.

Incidentally, similar orders had been passed in November 2014 by the National Green Tribunal (NGT) to curb encroachment of green cover, following which demolition drives were undertaken in some areas including Rangpuri Pahari JJ cluster, which is inside the ridge area.

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The demolition drives were stopped after public and political outcry over the “cruelty” in “dispossessing the poor” and demolishing the jhuggis. Two separate benches of the Delhi HC had also asked the Delhi government to reconsider the demolition drive as winter had set in. Later, the Delhi government informed the HC that they would not be conducting further demolition of JJ clusters.

The bench, in its order on Tuesday, noted that the Asola and Bhati areas in the city had been notified as wildlife sanctuaries while the central ridge, extending from Inderpuri to Dhaula Kuan was a protected forest. All three areas have serious encroachment, despite stringent provisions available under the Wildlife Protection Act and Forest Conservation Act to restrict entry and remove encroachments.

The bench has now directed Sanghi to “ensure that there is no further encroachment in the forest areas and remove unauthorised occupants and encroachments.” The bench has also directed the Delhi police commissioner to depute a “responsible officer” to “provide all assistance to ensure that the objective is achieved”. With regard to the central ridge, the bench noted that seven separate agencies have jurisdiction over parts of the ridge. To avoid problems of multiplicity of authorities, the bench has nominated the Joint Secretary of the ministry of environment and forests to coordinate with Sanghi to provide reports on action taken for protection of the areas.

“We are making it clear that from today onwards all concerned authorities shall ensure no further encroachment on forest areas occurs in the National Capital Territory of Delhi,” held the court, adding that all concerned authorities and officials under the Forest Conservation Act 1980, Forest Act 1927 and Wildlife Protection Act were “bound to ensure” that no encroachment or unauthorised construction took place in protected areas.

“We are making it clear that if further reports of encroachments/unauthorised constructions are brought to our notice, the concerned officers shall be held personally responsible for that,” the bench added.