Declare unencroached forest land as reserved forests or face contempt: Delhi HC to chief secretary

“Even till today, the said notification has not been issued,” Justice Singh said, adding that in case the notification is not issued within two weeks from today, the “Chief Secretary, GNCTD, shall be liable for contempt action and notice of contempt will be framed against him on that day”. In case notification is not issued, the chief secretary shall appear through video conferencing on the next date for framing of contempt notice, the court said.

The HC was hearing a plea pertaining to encroachment in the Southern Ridge forest wherein advocate Aditya Narayan Prasad, the amicus curiae appointed in the matter, said the NGT had also made an oversight committee under the chairmanship of the Director General, Forests, Ministry of Environment and Forests (Government of India) which had met only six times since 2021.

Justice Singh noted that the NGT, in its 2021 order, directed that the committee shall meet at least once a month which means that there should have been at least 34 meetings of the oversight committee. The court took note of a status report filed by the Delhi government which showed that the sixth committee meeting was held on May 17 and the next meeting is scheduled on November 14, “clearly showing that the order of the NGT is not being complied with”.

“The said non-action on part of the oversight committee again shows total disregard (to the order) issued by the NGT. In case directions of NGT are not acted upon scrupulously and in letter, intent and spirit by the oversight committee, this court will be constrained to initiate contempt notice against the members of the oversight committee. List for filing up-to-date status report including concrete steps, removal of encroachment, land reclaimed on the ridge etc., within two weeks,” Justice Singh directed.

The court also impleaded the Director General, Forests, and Chief Secretary, Delhi government as parties in the matter.

The court also noted that around 394.56 hectares of forest land was encroached upon, out of which only 82.132 hectares have been made encroachment-free over four years. The petitioner’s counsel, Madan Lal Sharma and Narayan, said out of the 82 hectares, the land was encroached again. The Delhi government counsel, however, said this will have to be verified. The matter is next listed on December 15.

In another matter pertaining to land for making an alternative forest in Delhi, the Delhi government counsel was asked to obtain instruction with regard to the “substantial tract of land required for additional forests for citizens of Delhi”.