Observing that the Central Ridge is the primary source of fresh air in the city, the Delhi High Court Monday directed that no construction activity, including a 25-metre boundary wall at Malcha Mahal, will take place in the forest. While granting the Delhi government’s counsel to file a detailed affidavit in the matter, a single-judge bench of Justice Jasmeet Singh said, “For the time being, it is directed that there shall be no construction in the Central Ridge, including but not limited to a 25-metre boundary wall, grille work or any toilets.” The matter is next listed on October 9. The direction came after advocates Gautam Narayan and Aditya N Prasad, appointed as amicus curiae in the matter, drew the court's attention to a report published in an English newspaper pointing to proposed construction activities around the 14th-century monument site. Justice Singh observed that the report shows “there is a proposal to make a 25-metre boundary wall surrounding the monument (Malcha Mahal) and grille work. Besides. there is also a proposal to make toilets for visitors within the Ridge”. Delhi government counsel Sameer Vashisht said that Malcha Mahal is a “protected monument which is not under the aegis of the ASI for the time being”, hence this proposal was made. In this regard, Vashisht drew the court’s attention to provisions of the Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act. Justice Singh, however, said, “The Central Ridge is the primary source of fresh air, greenery and natural barrier to the loo which blows from Rajasthan to Delhi. The issue needs consideration. As of today, I’m of the view that there cannot be concretisation in Central Ridge. Protection of the monument is no doubt important, but not by a 25-metre boundary wall or construction of toilets.” During the course of the hearing, Narayan submitted that there are two natural features in Delhi, one is the Yamuna river and the other is the Central Ridge, which has been recognised by the Supreme Court in the MC Mehta order. At this point, Justice Singh asked if the Ridge was the only surviving natural forest. Narayan said the Ridge lay contiguous from the North to the South of the city at one point; however, today, due to “rampant encroachment”, it has been broken into pockets. In a previous hearing, the HC had raised concerns about the presence of “63 structures” inside the Ridge while observing that it is the “lungs of Delhi” and if there is no protection granted to these structures, then they will “have to go”. The HC was hearing a contempt plea wherein it had asked the Deputy Conservator of Forest in July to plant trees after it imposed cost on one of the parties, which was to be deposited in the HC’s Green Delhi Account. The court was hearing certain issues raised by amicus curiae, advocates Gautam Narayan, Aditya N Prasad and Prabhsahay Kaur, appointed in the matter.
