In Re : T.N. Godavarman Thirumulpad vs Union Of India And Ors.

REPORTABLE

IN THE SUPREME COURT OF INDIA

JURISDICTION ORIGINAL JURISDICTION

I.A. Nos.169030/2019 and 105674/2020 In Writ Petition (C) No.202/1995 With IA Nos.142873/2021, 142876/2021 and 144462/2021 In I.A. No.105674/2020 in Writ Petition (C) No.202/1995

In Re: T.N. Godavarman Thirumulpad Petitioner(s)

VS.

Union of India & Ors RESPONDENT(s)

O R D E R

NAGARATHNA J.

IA Nos.169030/2019 & 105674/2020 in Writ Petition (C) No.202/1995 With IA Nos.142873/2021, 142876/2021 & 144462/2021 In I.A. No.105674/2020 in Writ Petition (C) No.202/1995

Heard Sri Tushar Mehta, learned Solicitor

General appearing for Union of India and Delhi Signature Not Verified

Metro Rail Corporation Ltd; Sri Chirag M. Shroff, Digitally signed by DEEPAK SINGH Date: 2021.11.30 11:26:16 IST Reason:

learned counsel appearing for the Government of 2

National Capital Territory of Delhi (for short,

the ‘GNCTD’), and Sri Rajiv Dutta, learned Senior

Counsel appearing for the applicants and perused

the material on record.

2. IA Nos.169029 and 169030 of 2019 have been

filed by the applicant viz., Delhi Metro Rail

Corporation Ltd. (for short, the ‘DMRC’).

3. By order dated 02.02.2021, IA No.169029 of

2019 for impleadment was allowed and the

applicant – DMRC was impleaded as party

respondent in the matter for the purpose of

passing orders on IA No.169030 of 2019.

4. The following prayers are sought in IA

No.169030 of 2019 :

(a) Refer the matter to the Central

Empowered Committee appointed by

this Hon’ble Court for detailed

consideration and examination of the

proposal of the applicant for

construction of metro alignment,

tunnels and metro station forming 3

part of 22.34 km Aerocity -

Tughlakabad Metro Corridor, being

proposed for construction for Phase-

IV of the MRTS Project on South

Central/morphological Ridge as

enclosed in Annexure P-1.

(b) Allow the Applicant for carrying out

the aforesaid Alignment, Tunnelling/

station/shaft construction activity,

in the South Central/Morphological

Ridge for construction of the

tunnels and metro corridor forming

part of 22.34 km Aerocity -

Tughlakabad Metro Corridor being

proposed for construction for Phase-

IV of the MRTS Project, under the

supervision of the Ridge Management

Board.

(c) Pass such further orders as this

Hon’ble Court may deem fit and

proper in the facts and

circumstances of the case. 4

5. IA No.105674/2020 has been filed by the

applicant-DMRC seeking the following prayers:

(i) Allow the instant application, by

declaring (1) the 5.34 km stretch on

Road No.26 between Vikaspuri to

Peeragarhi; (2) 1288.973 sqm land at

Najafgarh drain, (3) area admeasuring

16097.75 sqm land located at

Mangolpuri, and (4) area admeasuring

55.78 sqm at Krishna Park are non-

forest areas and there is no

requirement for the applicant to

obtain permission for diversion of

these lands as Forest land under the

Forest (Conservation) Act, 1980.

(ii) Permit the applicant to carry out the

construction activities of Phase-IV of

Delhi Mass Rapid Transit System

Project on the locations referred to

in prayer (i) above, without any 5

restrictions in the larger interest of

the Project.

(iii) Pass such other order as this Hon’ble

Court may deem fit and proper in the

facts and the circumstances of the

case.

6. I.A. No.144462/2021 has been filed by the

GNCTD seeking permission to file the additional

documents in I.A. No.105674/2020. The said

application contains:

(i) Report of Deputy Conservator of Forest,

West Forest Division, GNCTD, on DMRC

proposal for construction of corridor

from Janakpuri to Derawal Nagar, Delhi

(Annexure A-1);

(ii) Copy of submissions of GNCTD dated

24.02.2021 in the matter of DMRC and

P.C. Prasad Vs. UOI (Annexure A-2);

(iii) Minutes of Meeting of the Ridge

Management Board (for short, the

‘RMB’) dated 05.03.2021 (Annexure A-3)

in which Agenda Item No.8 is relevant 6

which is concerning the construction

of metro line (Aerocity – Tughlakabad

Corridor) of Delhi Mass Rapid Transit

System (for short, the ‘MRTS’) Project

Phase IV.

The RMB has noted that the DMRC has

submitted the proposal for use of

forest land for construction of metro

line, stations and other operational

requirement of Delhi MRTS Project

Phase IV. The length of alignment

falling under Southern Ridge, South

Central Ridge and Morphological Ridge

is 2.844 km, 1.491 km and 3.774 km

respectively, giving further details

of the exact location of the railway

alignment in the forest land of the

Ridges referred to above. It is also

noted that 1109 trees are proposed to

be felled in certain parts of the

Southern Ridge, South Central Ridge

and Morphological Ridge. Since the 7

Central Empowered Committee (for the

sake of convenience hereinafter

referred to as the ‘CEC’) is visiting

the entire railway alignment, the

consideration of the matter was

deferred.

(iv) Submissions of GNCTD dated 29.05.2021

through the Department of Forest &

Wildlife, GNCTD and in the matter of

DMRC is at Annexure A-4.

(v) The reply of GNCTD dated 29.05.2021 to

the CEC is at Annexure A-5 in IA

No.144462/2021.

(vi) The affidavit of the Conservator of

Forest, GNCTD, dated 15.09.1997 filed

before this Court is at Annexure A-6.

The said affidavit is accompanied by

nine annexures giving the details of

protected forest, forest land and

plantation areas under the management

of Department of Forest, GNCTD. 8

7. I.A. Nos.142873/2021 and 142876/2021 have

been filed by the applicants in I.A.

No.105674/2020 who have prayed for

intervention/impleadment as party respondents and

have also sought appropriate directions for

accepting and allowing the bona fide objections

filed by the applicants and for rejecting Report

No.8 of 2021 dated 13.05.2021 filed by the CEC in

terms of the order dated 02.02.2021 passed by

this Court in IA No.105674/2020 along with other

directions sought in the prayer of the instant IA

No.142876/2021.

8. In IA No.142876/2021, the applicants viz.,

Dr. PC Prasad and Aditya N. Prasad have filed

their objections to Report No.8 of 2021 dated

13.05.2021 in IA No.105674/2020 and contended

that the aforesaid application(s) filed by the

DMRC is not maintainable as this Court cannot

grant a declaration that certain areas are non-

forest areas in the National Capital Territory of

Delhi (for short, the ‘NCT of Delhi’). It is

averred that DMRC ought to have approached the 9

Regional Office of the Ministry of Environment,

Forest & Climate Change (for short, the

‘MoEF&CC’), Government of India (for short,

‘GoI’), as per the Guidelines laid down by this

Court in Lafarge Umiam Mining Corporation Vs.

Union of India & Ors. – (2011) 7 SCC 338; that

DMRC has directly approached this Court seeking a

declaration without first approaching the

MoEF&CC, GoI; that in fact, DMRC has already

addressed letter dated 25.08.2020 to the Deputy

Conservator of Forest (West Forest Division),

GNCTD, informing that it is in the process of

applying for permission to use various land for

the purpose of project as per FC Act, 1980; that

DMRC has undertaken that in case diversion of

forest land is denied it would realign through

the alternative route. A copy of the said letter

is produced as Annexure-17 in IA No.105674/2020.

9. Objections have also been raised to the CEC

Report No.8/2021 filed in IA No.105674/2020 by

the aforesaid applicants in IA No.142876/2021

which are summarized as under : 10

(i) That none of their submissions raised

before the CEC has been recorded nor

referred to in the said Report.

(ii) The Chief Wildlife Warden and the concerned

Tree Officer(s) were not invited for the

hearing nor have comments been sought from

the said officers by the CEC.

(iii) It is stated that majority of the areas

where DMRC is proposing to construct have

been identified as ‘deemed forest’ areas in

the affidavit dated 15.09.1997 submitted by

the Conservator of Forest, GNCTD, before

this Court in this very matter.

(iv) The metro line cannot be allowed to be

constructed bypassing the requirement of

obtaining forest clearance under the Forest

(Conservation) Act, 1980 (for short, the

‘FC Act, 1980’).

(v) DMRC has to follow the statutory scheme of

the FC Act, 1980 before any forest land is

diverted for non-forest use. The statutory 11

scheme under the said Act has been

highlighted as under :

(a) The officers of the Forest Department

have to fill out the form under section

2 of the FC Act, 1980 providing details

of the project sought to be constructed

on forest land, a cost-benefit analysis

as well as alternatives examined with

detailed recommendations accepting or

rejecting the proposal.

(b) Then the proposal has to be placed

before the Regional Empowered Committee

which looks at all linear projects

including the metro in the present case;

(c) The Regional Empowered Committee has to

recommend the project and grant Stage I

approval (in-principle approval).

(d) Thereafter, as per the decision of the

National Green Tribunal in Milind

Pariwakam & Anr. Vs. Union of India,

Original Application No.52 of 2015

(order dated 13.03.2015), an order of 12

the State Government under section 2 of

the FC Act, 1980 has to be passed after

the State I clearance, before any non-

forest activity can be carried out on

forest land.

(e) The National Green Tribunal in Vimal

Bhai Vs. Union of India, Appeal No.7 of

2012 (order dated 07.11.2012) has held

that the order under section 2 is

appealable under section 16(e) of the

National Green Tribunal Act, 2010 and no

party can be left remediless which is

why the State Government order under

section 2 is a pre-requisite before any

action is taken.

(f) Para 1.14 of the Guidelines issued under

the Forest (Conservation) Rules, 2003

(for short, the ‘FC Rules, 2003’) states

that where projects involve both forest

and non-forest lands, works should not

be started on non-forest land till

approval of the Central Government for 13

release of forest land under the Act has

been obtained unless and to the extent

permitted by the Rules or guidelines

issued thereunder.

(vi) It is also stated that the construction of

Phase IV of MRTS project cannot be

permitted unless a critical study is

carried out under the Delhi Preservation of

Trees Act, 1994 (for short, the ‘DPT Act,

1994’) before felling of trees.

(vii) The CEC has ignored in its report that

‘Najafgarh drain basin’ in New Delhi has

been identified as a critically polluted

area by Central Pollution Control Board

(CPCB) in the Comprehensive Environment

Pollution Index (CEPI) Report, 2009.

(viii) It is also stated that ambient air quality

in respect of noise has also to be taken

into consideration.

(ix) The objections in the aforesaid

interlocutory application also state that

the provisions of the Wildlife Protection 14

Act, 1972 to be considered if trees are

proposed to be felled and the threat to the

eco system in the context of the wildlife

prevalent in the particular eco system.

(x) It is also stated that the Deputy

Conservator of Forest (West Forest

Division), GNCTD, by its order dated

28.02.2020 and letter dated 11.08.2020, has

restrained DMRC from carrying out any

construction activity on the 5.34 km on

Road No.26 between Vikaspuri to Peeragarhi

and Najafgarh drain as the DMRC illegally

felled trees and barricaded the area for

construction activity relating to Janakpuri

West to R.K. Ashram corridor.

(xi) The objections have also averred about the

economic value of the trees.

10. By order dated 02.02.2021, this Court had

directed copies of the instant applications

including the amended application to be served

upon the CEC and directed the CEC to file its

reports in the matter.

15

11. The CEC has submitted Report No.8 of 2021 in

IA No.105674 of 2020 and Report No.10 with

Corrigendum dated 09.09.2021 in IA No.169030 of

2019 in WP(C) No.202 of 1995. The said reports

have been taken on record.

12. According to DMRC, which is a government

company incorporated under the Companies Act,

1956 and which is engaged in Delhi MRTS Project

to provide a pollution free transport system to

the people of the NCT of Delhi/National Capital

Region(for short, the ‘NCR’), it has sought the

aforesaid prayers with regard to a declaration

that

(i) 5.34 km stretch on Road No.26 between

Vikaspuri to Peeragarhi;

(ii) 1288.973 sqm land at Najafgarh drain;

(iii) area admeasuring 16097.75 sqm land located

at Mangolpuri; and

(iv) area admeasuring 55.78 sqm at Krishna Park

are non-forest areas and hence, the requirement

to obtain permission for diversion of these lands 16

as forest land under the FC Act, 1980 would not

arise.

13. As a sequel, permission has been sought by

the applicant-DMRC to carry out the construction

activities of Phase-IV of MRTS Project on the

aforesaid locations without any restrictions as

such.

14. In IA No.105674/2020, according to the

applicant-DMRC, 61.679 Km of Phase IV of MRTS

Project has been proposed, which, inter alia,

includes the following construction proposed to

be undertaken :

(i) 20.201 km Metro corridor from Aerocity

to Tughlakabad,

(ii) 28.920 km corridor from Janakpuri West

to R.K. Ashram, and

(iii) 12.558 km metro corridor from

Mukundpur to Maujpur.

15. The total cost of Phase-IV of MRTS Project is

estimated to the tune of Rs. 24948.65 crores. 17

16. This Court vide its order dated 06.09.2019 in

WP(C) No.13029 of 1985, observed that the parties

have to ensure that there would be no delay

caused in Phase IV of the Project and that the

requisite amount has to be released in a timely

manner to the acquiring authority. The

commencement of Phase IV of MRTS Project by

construction of civil works was made in November,

2019 and the said project is to be completed and

commissioned by June, 2024.

17. The application being IA No.105674/2020

contains the following steps that have been taken

so far which are encapsulated as under:

(i) The Detailed Project Report (DPR) of 103.93

km long Phase -IV MRTS Project was

submitted to the Union Government and the

GNCTD. The project report was reviewed in

terms of the New Metro Policy, 2017 and the

alignment was thereafter finalized in

April, 2018.

18 (ii) It appears that in the period from 2018 to

2020, the DMRC carried out tree survey and

applied for permission for cutting trees

before the concerned department of Forest

and Wildlife, GNCTD.

(iii) The concerned Public Works Department (PWD)

has granted a No Objection Certificate

(NOC) for carrying out the construction

activity on the Right of Way (ROW) in the

year 2019.

(iv) Similarly, permission has been obtained

from the Police Department for diversion of

traffic between Janakpuri and Mukarba Chowk

and NOC from Irrigation and Flood Control

Department have also been taken.

(v) A contract has also been awarded for

construction of elevated viaduct at the

pertinent places and for 10 elevated

stations on Janakpuri West-R.K. Ashram

corridor.

(vi) From December, 2019 to August, 2020, the

officials of the Forest Department and DMRC 19

have conducted various joint site visits

regarding permission for felling of trees

falling within the area of Metro alignment.

But no exact demarcation of forest areas

has been made.

(vii) The Deputy Chief Conservator, Forest &

Wildlife Department, GNCTD vide his letter

dated 28.02.2020, restrained the DMRC from

carrying out any construction activity at

Najafgarh drain till necessary approval was

issued by the concerned authorities.

(viii) By another letter dated 02.07.2020 issued

by the Forest Department, the site near the

railway line adjacent to Mangolpuri

Industrial Area was stated to fall under

the category of “Deemed Forest” as per the

Affidavit dated 15.09.1997 filed in this

case before this Court by GNCTD. Therefore,

the DMRC was requested to approach the

Central Government for grant of permission

for diversion of forest land under the FC

Act, 1980.

20

(ix) The Forest & Wildlife Department, GNTCD in

its letter dated 07.07.2020, stated that

one patch of Line 8 from Janakpuri (West)

to Mukarba Chowk falls within the category

of “Deemed Forest” and therefore, approval

had to be taken from the Central Government

for diversion of forest land.

(x) On 05.08.2020, the Forest & Wildlife

Department, GNCTD, directed the DMRC and

PWD officials to attend a joint site visit

on 10.08.2020 for ascertaining the exact

location of 5.34 km area on Road No.26

between Keshorpur to Mukarba Chowk, as Road

No.26 was mentioned as Forest/Planation

Area in the affidavit dated 15.09.1997

filed before this Court in the main writ

petition.

(xi) As the exact location of the forest area

could not be ascertained in the joint site

visit, the Forest & Wildlife Department,

GNCTD, requested the applicant – DMRC to

approach the PWD to mark the area as forest 21

area in terms of the affidavit dated

15.09.1997 filed before this Court.

(xii) The Forest & Wildlife Department, GNCTD,

also stated that the Najafgarh drain is

marked as a plantation area as per

Geospatial Delhi Ltd. (GSDL) Map and hence,

no construction activity has been carried

out on the said area.

(xiii) Thereafter, on 14.09.2020, the Forest &

Wildlife Department, GNCTD, permitted

construction activity in the non-forest

area subject to seeking approval of the

competent authority vis-à-vis the trees in

the said non-forest area.

18. In the above circumstances, the present

application has been filed by the DMRC before

this Court seeking permission to carry out

construction activities of Metro Rail on the

following stretches/locations:

(a) A stretch of 2.99 km, falling on Road

No.26 between Keshopur to Mukarba Chowk

being part of 28.920 km extension of 22

Line-8 of MRTS Project; from Janakpuri

West to R.K. Ashram of Phase IV Metro

Project being constructed by the

Applicant, which area forms part of Road

No.26 (5.34km) classified as Forest

Area/Plantation area by the Forest &

Wildlife Department, GNCTD, in the above

noted Affidavit dated 15.09.1997.

(b) An area admeasuring 1288.973 sqm at

Najafgarh drain, classified as Forest

Area/Plantation Area, by the Forest &

Wildlife Department, GNCTD, under

Irrigation & Flood Control Department.

(c) An area admeasuring 16097.75 sqm at

Mangolpuri for construction of

Mangolpuri Metro Station, classified as

Forest Area by the Forest & Wildlife

Department, GNCTD, on the basis of

availability of 100 trees per acre in

an area above 2.5 acres.

(d) An area admeasuring 55.78 sqm; 36.475 mt

of which forms part of Road No. 26 23

(5.34km) at Krishna Park for

construction of Entry/Exit of

underground station at Krishna Park of

the Metro corridor/project.

19. Several averments have been made in the

aforesaid application to contend that the

aforesaid areas in respect of which the

permission is sought, for carrying out the

construction activity of Phase IV Metro Rail, are

not forest areas and permissions/approvals are

not required. They are summarized as under:

(i) The project involves a huge capital

expenditure and stoppage of

construction activities and consequent

delay in completion of the project

would involve heavy financial

implications owing to cost escalation,

which would have a cascading effect on

public exchequer.

(ii) The DMRC has undertaken the proposed

project with a view to providing the

citizen of NCT of Delhi/NCR a viable 24

public transport option so as to

reduce vehicular congestion on the

road and consequently, reduce

pollution in the NCT of Delhi/NCR.

(iii) The operation of Metro project has

resulted in several advantages to the

public at large.

(iv) There would be a greater advantage to

the public at large and essentially in

the form of saving travel time and

reducing the degree of pollution in

the NCT of Delhi/NCR.

(v) Any delay in the commissioning of the

project, on the other hand, would

jeopardise the object and purpose of

DMRC to provide efficient transport

facility to the citizens.

(vi) Hence, in IA No.105674 of 2020, the

DMRC has sought a declaration that -

(a) the 5.34 km stretch on Road No.26

between Vikaspuri to Peeragarhi;

25 (b) 1288.973 sqm land at Najafgarh

drain;

(c) area admeasuring 16097.75 sqm land

located at Mangolpuri; and

(d) area admeasuring 55.78 sqm at

Krishna Park

are non-forest areas and there is no

requirement for the applicant to

obtain permission for diversion of

these lands as Forest land under the

FC Act, 1980.

20. Pursuant to the order of this Court

dated 02.02.2021, the CEC has submitted its

Report No.8 of 2021 dated 13.05.2021 in IA

No.105674 of 2020. The relevant portions of the

said report read as under:

“17. Since this IA No. 105674 of 2020 filed by DMRC Limited mainly relates to the question of applicability of the Forest (Conservation) Act, 1980 to road side planted trees specific to the Metro corridor between Janakpuri West to R. K. Ashram and the issue raised in the W.P.(C) No.1774 of 2021 before the High Court of Delhi and before the CEC by the same petitioners mainly relates to proposed felling of 11,545 26

trees for implementation of the entire Phase IV of the Metro project, the CEC will submit a detailed report in the matter separately and along with the Report in IA No.91869 of 2020 filed by the DMRC Ltd relating to the Metro Corridor between Aerocity and Tughlakabad.

18. The felling of planted trees outside the forest are regulated under the provision of the Delhi Prevention of Trees Act, 1994 (DPT Act, 1994). The definition of a 'tree' under DPT Act, 1994 is as follows:

"tree means any woody plant whose branches spring from and are supported upon a trunk or body is not less than five centimetre at a height of thirty centimetres from the ground level and is not less than one meter in height from the ground level."

Thus all plants of and above one meter in height are treated as trees under this Act.

The DPT Act, 1994 also prescribes planting of a minimum of 10 times the number of trees for every tree felled. The Applicant is therefore required to obtain the requisite permission under the DPT Act, 1994.

19. Keeping in view the above discussions CEC is of the considered view that the PWD land along Road No.26 on which the planted trees are seen are neither notified as 'forest' nor recorded in any government records as 'forest'. These trees not being of natural origin cannot be branded as 'forest' for the purpose of Forest (Conservation) Act, 1980. It is therefore recommended for consideration of this Hon'ble Court that the prayer of the 27

Applicant to declare that the 5.34 km stretch of Road No.26 between Vikaspuri to Peeragarhi, 1288.973 sqm land at Najafgarh drain, 16097.75 sqm land located at Mangolpuri and 55.78 sqm of Krishna Park are non-forest areas is allowed, subject to the condition that the Delhi Metro Corporation Limited will fell the trees only after obtaining permission under Delhi Preservation of Trees Act, 1994 from the concerned authorities and after complying with the conditions associated with such approvals including compensatory planting of 10 times the number of trees close to the site from where the trees are being felled.”

21. Report No.10 of 2021 in IA No.169030 of 2019

wherein the aforesaid prayers have been

extracted, pertains to the construction of Metro

alignment, tunnels and Metro stations located on

Southern Ridge, South-Central Ridge and

Morphological Ridge falling along the 23.62 km

long metro corridor between Aerocity and

Tughlakabad Station in Delhi. With regard to the

extent and importance of Delhi Ridge

Area/Morphological Ridge Area and order of this

Court in this regard, the following has been

observed in the said report:

28

“19. i) The Master Plan for Delhi Perspective, 2001, notified by the Delhi Development Authority (DDA) on 1st August, 1990, states that the Ridge in Delhi is defined as rocky out-crop of Aravalli Ranges stretching from the University in the North of Union Territory boundary to the South and beyond. The Delhi Ridge area extends over 7,777 ha out of which 87 ha falls in Northern Ridge, 864 ha falls in Central Ridge, and 6200 ha falls in South Central Ridge and 6200 ha falls in Southern Ridge. The ridge area has been classified and included in the Master Plan (Land use Plan) as Regional Park.

ii) The Government of National Capital Territory of Delhi by notification dated 24th May, 1994 under Section 4 of the Indian Forest Act, 1927 notified the 7,777 ha of Delhi Ridge area as Reserved Forests commonly referred to as Notified Ridge Area.

The Delhi Ridge serves as the green lungs for Delhi and acts as a buffer against rising pollution levels. The pressures of rapid urbanization in Delhi have, over the years, threatened and adversely affected the forests in Delhi Ridge area. The Ridge area thus identified needs to be conserved with utmost care and should be afforested with the indigenous species with minimum of artificial landscape.

iii) This Hon'ble Court has passed a series of directions in Writ Petition (Civil) No. 4677 of 1985 for conservation and protection of Delhi Ridge. Pursuant to this Hon'ble Court order dated 29th September, 1995 the Government of NCT of Delhi by order dated 5th October, 1995 constituted the Ridge Management Board (RMB) under the Chairmanship of Chief Secretary, 29

Delhi. The Board has been assigned various functions, relating to conservation and protection of Ridge. These include execution of the management scheme for the Ridge Forests, protection of boundaries, of the Ridge and preparation and execution of detailed plans for up gradation of the Ridge.

iv) This Hon'ble Court by order dated 101h October, 1995 directed that the Ridge Management Board shall ensure that the Ridge is not occupied or encroached by any person for any unauthorised purpose. This Hon'ble Court further directed the Chairman RMB to file an affidavit by a responsible officer after every eight weeks, indicating the progress made in preserving the status of the Ridge as a forest and also keeping it free from encroachers.

v) This Hon’ble Court, by order dated 25;01.1996 and 13.03;1996 in IA No.18 and IA No.22 in Writ Petition (C) 4677 of 1985 directed that the uncultivated surplus land of Gaon Sabha falling. in the Ridge area may be excluded from vesting in Gaon Sabha u/s 154 of the Delhi Land Reforms Act, 1954 and made available for the purpose of Reserved Forest.

vi) The Government of NCT of Delhi in compliance of the above said orders of this Hon'ble Court issued Notification dated 2nd April, 1996 u/s 154 of the Delhi Land Reform Act, 1954 declaring 10,517 acres (about 4,206.68 ha) of uncultivated land of Gaon Sabha situated in Southern Ridge as surplus land and excluded the same for vesting in Gaon Sabha. Further by Notification dated 2nd April, 1996 placed the said 4206:68 ha land at the disposal of the 30

Forest Department of Delhi Government and this 4206.68 ha of land stands included in the 7777 ha of Notified Ridge Area.

vii) This Hon’ble Court by order dated 9th May, 1996 directed that the Ridge is to be kept free from encroachers and its pristine glory must be maintained for all times.

viii) The Geological Survey of India (GSI) in the year 2001-02 carried out geological and geomorphological mapping 0f about 1482 sq km area of NCT of Delhi on 1: 10,000 scale with a view to provide the base map for seismic microzonation of Delhi and which map was published in the year 2006. In the geological and geomorphological map prepared by the GSI the land forms found to be under rocky surface have been included and shown under the geomorphic unit "residual hills I Ridges". It is relevant to mention that all the areas identified as Residual Hills I Ridges in the geological and geomorphological mapping done by the GSI are not included and shown as Ridge areas in the MPD 2001 and MPD 2021. For example, the areas between Tughlakabad to Okhla via Greater Kailash and Nehru Place have been identified as Ridge areas in the said Report of GSI but are not included as Ridge areas in the MPD 2001 and MPD 2021.

ix) Initially, the clearance from the Ridge Management Board and the permission of this Hon'ble Court was being insisted upon only in respect of the Notified Ridge Areas. This Hon'ble Court by order dated 23.03.2007 has granted permission to the Delhi Metro Rail Corporation Limited for use of forest land and non-forest land 31

falling in the Delhi Ridge area for the construction of the Central Secretariat -Qutab Minar -Gurgaon corridor of the metro line and by order dated 07.12.2007 has granted permission for use of forest land and non-forest land for construction of Express Metro Link to the Airport through the Central Ridge.

x) Subsequently by order dated 03.11.2011 the Hon'ble High Court of Delhi in Writ Petition (Civil) No.3339 of 2011, filed by Shri Ashok Kumar Tanwar, held that lands situated outside the Notified Ridge Areas but which have morphological features conforming to the ridge should be given the same protection as is given to the notified areas. Consequently, all the concerned agencies were restrained from carrying out construction works on such lands (Morphological Ridge) also referred to as "Extended Ridge Area" till necessary clearance from the Ridge Management Board and through the CEC the permission of this Hon'ble Court is first obtained.

20. This Hon'ble Court by orders issued from time to time, since 02.11.2012 and till 06.09.2019, has given permission to various agencies of Central Government and Delhi Government for carrying out construction activities in notified Ridge area on forest land and non- forest land situated outside the notified Ridge Area in extended Ridge Area Morphological Ridge Area. These include the Border Roads Organization, the Delhi Metro Rail Corporation Limited, Jawaharlal Nehru University, Central Bureau of Investigation, Ministry of Defence, Ministry of External Affairs, Ministry of 32

Textiles, South Delhi Municipal Corporation, Delhi Development Authority, Central Public Works Department, National Highways Authority of India (NHAI} and the Delhi Police.”

22. The observations and recommendations are

given in paragraph 21 of Report No.10 of 2021 in

IA No.169030 of 2019 which read as under:

“OBSERVATIONS AND RECOMMENDATIONS

21. After considering that

i) the project is in public interest;

ii) it is proposed to construct the 23.62 km long Aerocity to Tughlakabad corridor Mass Rapid Transport System forming part of Phase IV Project in Delhi at an estimated cost of Rs. 8230 crores and scheduled to be commissioned by year 2024;

iii) the metro corridor will serve the densely populated areas and is integrated with

a) Airport Express Line which provides metro connectivity of South Delhi to Indira Gandhi International Airport;

b) Samaypur Badli to HUDA City Centre (Yellow Line) at existing Chhatarpur Metro Station which integrates the metro connectivity of South Delhi to Gurgaon and Faridabad;

33

iv) the vehicular traffic of IG Airport from Delhi will be drastically reduced with consequent reduction in traffic on NH-8, Mahipalpur -Mehrauli Road, Mehrauli - Badarpur Road apart from the Metro Project providing the connectivity to Line-6 at Tughlakabad for commuters of Faridabad;

v) the total Ridge Area involved including Morphological Ridge is 12.97 ha extending over a length of 5.29 kms. Out of this 12.97 ha an area of 4.5 ha will be for tunnels 20 m below the ground while the remaining 8.4 ha is required for constructing Metro Stations;

vi) since tunnel boring machines will be used surface breaking is limited to 8.4 ha. required for constructing rnetro stations and therefore there will be minimal impact to the ecology or structure on Ridge I Morphological Ridge;

vii) the land required oh permanent and temporary basis has been restricted to 14865 sqm and 69793 sqm respectively with minimal impact. The 69793 sqm land, held on temporary basis, shall be restored back after the completion of the Project;

viii) it is not possible to align the corridor outside the ridge area; ·

ix) the total number of trees involved is 6961 trees break up being 1072 trees located in 12.97 ha over a length of 5:29 km in Ridge Area including Morphological Ridge, 2536 trees located in 3.79 has identified as deemed forest over a length of 0.97 kms and 3353 trees located on 27.06 Ha non-forest land over a length of 17.35 km. A total of 2195 trees out of 6961 34

trees are to be transplanted while the remaining 4766 trees are to be felled;

x) the compensatory planting will involve about 34,000 saplings {ten times 3353 trees to be felled/transplanted) and will be located on land made available by DDA while transplantation of 2195 trees will be undertaken on open lands of DDA, Ministry of Defence and multiple land owing agencies in the vicinity of the Project;

xi) the corridor proposed has been found to be the most feasible route economically, environmentally and technically for the purpose of daily ridership and will be covering a sizeable population;

xii) the Ridge Management Board has recommended the proposal;

xiii) no viable alternative is feasible and the use of the ridge area has been restricted to the minimum; and

xiv) this Hon'ble Court by orders issued from time to time has for site specific projects given permission to various Central Government agencies and Delhi Government for carrying out construction activities on forest land, deemed forests and non-forest land situated

a) in the Notified Ridge Area

b) outside the Notified Ridge Area but located in extended Ridge area/ Morphological Ridge area which have morphological features.

35

It is recommended that this Hon'ble Court may consider permitting use of 7.42 Ha. Ridge area including Morphological Ridge and 3.79 Ha of deemed forest land involving 6961 trees (break up being felling of 4766 trees and transplantation of about 2195 trees) for construction of metro alignment tunnels and metro stations in the Southern Ridge, South Central Ridge and Morphological Ridge along the 23.62 km Aerocity -Tughlakabad Metro Corridor forming part of Phase IV of the Mass Rapid Transport System (MRTS) Project subject to the following conditions :

a) The Applicant Delhi Metro Rail Corporation Limited will deposit 5% of the Project cost proportionate to the area falling within the Southern Ridge, South Central Ridge and_ Morphological Ridge, with the Ridge Management Board Fund and which amount, under the close supervision of the Ridge Management Board, will be used by the Forest Department of Delhi Government for conservation and protection of the Delhi Ridge.

b) The Applicant will obtain the statutory forest clearance for diversion of 7.42 Ha. forest land falling in Southern Ridge, South Central Ridge and 3.79 Ha of deemed forest for non-forest use in accordance with the provisions of the Forest (Conservation) Act, 1980 from the competent authority and shall comply with all the conditions that are laid down in the order to be passed for diversion of forest land.

c) The 25 Ha of land allotted by DDA for compensatory afforestation 36

in Dhusiras Village, Dwarka shall be notified as protected forests under the provisions of the Indian Forest Act 1927 and shall be managed by the Forest Department of Delhi Government.

d) The area falling within the Delhi Ridge area I Morphological Ridge area will not be used for commercial purposes by the Applicant or any other party.

e) The Applicant shall pay Net Present Value as assessed by the Forest Department, Delhi Government.

f) The applicant shall obtain necessary approvals under the Delhi Preservation of Trees Act, 1994 from the competent authority before felling of trees standing on non-forest land.

g) Compensatory plantation of 34,000 saplings of indigenous species, being ten times in lieu of 3353 trees standing on non-

forest land and proposed to be felled/transplanted, will be undertaken by the Forest Department of Delhi Government on the lands provided by ODA for the said purpose.

h) The cost of raising 34,000 saplings and raising compensatory afforestation in lieu of the diversion for forest land for non- forest use. will be deposited in advance by the Applicant with the Forest Department of Delhi Government who will undertake the planting and maintenance of the above trees for seven years.

37

i) Transplantation of 2195 trees will be undertaken by DMRC on open identified lands made available by DOA, Ministry of Defence and other multi land owing agencies including private trusts.

j) The transplantation of trees will be undertaken near the impact area itself.

k) The felling of tress proposed is limited to the bare minimum required for execution of the project.

Note : By corrigendum dated 09.09.2021 to Report No.10 of 2021 in IA No.169030/2019, the figure 12.98 Ha forest land to be read as 7.42 Ha of forest land.

23. The justification for Aerocity – Tughlakabad

Corridor Project is stated in paragraph 17 of the

aforesaid Report i.e. Report No.10 of 2021 as

under:

“JUSTIFICATION FOR AEROCITY – TUGHLAKABAD CORRIDOR PROJECT

17. i) According to DMRC the proposed metro Corridor is to serve the densely populated areas of Mahipalpur, Vasant Kunj, Chhatarpur, IGNOU, Maidangarhi, Neb Sarai, Saket, Khanpur, Sangam Vihar and Tughlakabad. The alignment is based on the proximity to the populated areas to be served and which areas are mostly along the Mahipalpur

- Mehrauli Road and Mehrauli ~ Badarpur Road. There have been and 38

there still are many constraints while finalizing the alignment such as minimum distance from the Protected Monuments avoiding built up areas and at the same time also minimizing the Ridge area as there are large extent of Ridge areas along the corridor. The present alignment is the best fit alignment meeting the above constraints and also simultaneously meets the technical requirements of metro alignments/stations and proximity to the target population to be served. There is a vast extent of Ridge on either side of the alignment because of which it has not been possible to shift the alignment out of Ridge area but efforts have been made to minimize the Ridge area involved.

The daily ridership. has been estimated at 1.66 lakhs trips per day by 2024.

ii) The proposed Aerocity - Tughlakabad corridor is to be

integrated with Airport Express Line which provides metro connectivity of South Delhi to Indira Gandhi International Airport. It is also to be integrated with Samaypur Badli to HUDA City Centre Line (Yellow Line) at existing Chhatarpur Metro Station which integrates the metro connectivity of South Delhi to Gurgaon and Faridabad.

iii) This corridor provides connectivity to Chhatarpur Mandir, IGNOU University, Karni Singh Shooting Range and ASI Monuments including Tughlakabad Fort, Adilabad Fort and Ghyasuddin Tughlakabad Tomb.

iv) The vehicular traffic of IGI Airport from Delhi will get drastically reduced with cbnsequent reduction in traffic on N~H-8, 39

Mahipalpur - Mehrauli Road, Mehrauli Badarpur Road apart from the Metro Project providing the connectivity to Line - 6 at Tughlakabad for commuters of Faridabad.

v) The reduction in vehicular traffic will also bring down the number of toad accidents and pollution levels.

vi) Public interest is involved in the completion of Aerocity to Tughlakabad corridor as this corridor is the most feasible route economically, environmentally and technically for the purpose of the daily ridership and also will be covering a sizeable population.

24. It is noted in the aforesaid Report that the

RMB in its meeting held on 14.07.2021 is said to

have stated that the original alignment proposed

by DMRC involving minimum use of forest area

(12.97 Ha) and minimum felling of trees (1072

trees) has recommended the proposal subject to

the following conditions:

(a) The User Agency shall obtain necessary

permission for diversion of forest area for

non-forestry purposes as per provisions

under FC Act, 1980.

(b) The User Agency shall deposit 5% of the

project cost proportionate to the area 40

falling within Morphological Ridge area to

RMB fund on the lines of conditions imposed

by Hon'ble Supreme Court of India in Writ

Petition (Civil) 202 of 1995 titled “T.N.

Godavarman Thirumulpad Vs Union of India and

Ors.” for management of the Ridge.

25. As already noted, we have heard learned

Senior Counsel and counsel appearing for the

respective parties at length and perused the

earlier orders of this Court and the aforesaid

reports submitted by the CEC, the relevant

portions of which are extracted above.

26. We have given our anxious consideration to

the prayers sought by the applicant – DMRC in

these applications.

27. At the outset, we may preface our discussion

by observing that learned counsel appearing for

the respective parties submitted at the Bar that

in principle, their parties are not opposed to

Phase IV of MRTS Project. The main consideration

is making available transport facility to the 41

public at large in NCR of Delhi in the form of

Metro rail while at the same time, preserving the

ecology and environment of the areas surrounding

the alignment of the metro railway.

28. To put it in a nutshell, the issue herein

concerns sustainable development and preservation

of the environment and ecology of NCT of

Delhi/NCR.

29. An introspection on the issue raised before

this Court would draw our attention to the grave

and pressing problem the world over including

India, namely, degradation of environment and

ecology resulting in what is simplistically

called ‘Climate Change’ and the problem of

‘greenhouse gas emissions’.

30. The United Nations Conference on the Human

Environment at Stockholm in 1972, United Nations

Conference on Environment and Development (UNCED)

known as the Rio de Janeiro Earth Summit in 1992;

World Sumit on Sustainable Development in

Johannesburg in 2002 and Glasgow Climate Change 42

Conference currently held in October-November,

2021, have all voiced grave concerns about the

global environmental degradation resulting in

extinction of certain flora and fauna and its

cascading effect on planet Earth owing to man’s

growing need for development particularly

economic development.

31. Projects such as the metro railway in

question have already been implemented in parts

of NCT of Delhi/NCR. One cannot lose sight of the

fact that it has resulted in loss of vegetation

as well as flora and fauna in certain areas. The

implementation of Phase IV of MRTS Project may be

a further threat to the ecology of NCT of

Delhi/NCR.

32. To meaningfully arrest the problem of

declining tree cover, the civil society must also

be placed with the responsibility to carry out

reafforestation activities. While we cannot

ignore the importance of governmental

responsibility in materializing the goals of 43

sustainable development through reafforestation,

we strongly endorse the idea of collective

responsibility towards ensuring a sustainable

future. The engagement, inclusion and

participation of citizens and perhaps more

significantly, the ownership of the sustainable

development agenda by empowered citizens and

community-level actors will contribute in a

significant manner to achieving the economic,

social and environmental pillars of the

sustainable development agenda.

33. Citizens, as the ultimate beneficiaries of

development, have a critical role to play, not

just in terms of effort and action towards the

achievement of the environmental goals but also

in terms of the associated monitoring of the

progress towards these goals.

34. One of the important steps that Parliament

has taken is to have enacted the Environment

(Protection) Act, 1986 and the FC Act, 1980. The 44 FC Act, 1980 is a short but effective enactment

comprising only of five sections. Section 2 of

the FC Act, 1980 reads as under:

“2. Restriction on the dereservation of forests or use of forest land for non-forest purpose.— Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing,—

(i) that any reserved forest (within the meaning of the expression “reserved forest” in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved;

(ii) that any forest land or any portion thereof may be used for any non-forest purpose;

(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation not owned, managed or controlled by Government;

(iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation.]

[Explanation.—For the purposes of this section ‘‘non-forest purpose” means the breaking up or clearing of any forest land or portion thereof for—

(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing 45

plants, horticulture crops or medicinal plants;

(b) any purpose other than reafforestation,

but does not include any work relating or ancillary to conservation, development and management of forests and wild-life, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.]”

35. While interpreting the word “Forest”, this

Court in this very matter, speaking through J.S.

Verma and B.N. Kirpal, JJ as their Lordships then

were, on 12.12.1996, have observed, inter alia,

as under:

“It has emerged at the hearing, that there is a misconception in certain quarters about the true scope of the Forest (Conservation) Act, 1980 (for short the ‘Act’) and the meaning of the word “forest” used therein. There is also a resulting misconception about the need of prior approval of the Central government, as required by section 2 of the Act, in respect of certain activities in the forest area which are more often of a commercial nature. It is necessary to clarify that position.

The Forest Conservation Act, 1980 was enacted with a view to check further deforestation which ultimately results in ecological imbalance: and therefore, the provisions made therein for the 46

conservation of forests and for matters connected herewith must apply to all forests irrespective of the nature of ownership or classification thereof. The word “forest” must be understood according to its dictionary meaning. This description covers all statutorily ‘recognised forests, whether designated as reserved, protected or otherwise for the purpose of section 2(1) of the Forest Conservation Act. The term ‘forest land”, occurring in section 2, will not only include “Forest” as understood in the dictionary sense, but also any area recorded as forest in the Government record irrespective of the ownership. This is how it has to be understood for the purpose of section 2 of the Act. The provisions enacted in the Forest Conservation Act, 1980 for the conservation of forests and the matters connected therewith must apply clearly to all forests so understood irrespective of the ownership or classification thereof. This aspect has been made abundantly clear in the decisions of this court in Ambica Quarry Works v. State of Gujarat (1987 (1) SCC 213). Rural Litigation and Entitlement Kendra v. State of U.P. (1989 Suppl. (1) SCC 504), and recently in the order dated 29th November, 1996 in W.P. (c) No. 749/95 (Supreme Court Monitoring Committee v. Mussoorie Dehradun Development Authority and Ors. (1985 (3) SCC 643) has, therefore, to be understood in the light of these subsequent decisions. We consider it necessary to reiterate this settled position emerging from the decisions of this court to dispel the doubt, if any, in the perception of any State Government or authority. This has become necessary also because of the stand taken on behalf of the State of Rajasthan, even at this late stage, relating to permissions granted for mining in such area which is clearly contrary to the decisions of this court. It is reasonable 47

to assume that any State Government which has failed to appreciate the correct position in law so far, will forthwith correct its stance and take the necessary remedial measures without any further delay.

We further direct as under:-

I) General – In view of the meaning of the word “forest” in the Act, it is obvious that prior approval of the Central Government is required for any non-forest activity within the area of any ‘forest’.

In accordance with section 2 of the Act, all on-going activity within any forest in any State throughout the country, without the prior approval of the Central Government, must cease forthwith. It is, therefore, clear that the running of saw mills of any kind including veneer or plywood mills, and mining of any mineral are non-forest purposes and, are therefore, not permissible without prior approval of the Central Government. Accordingly, any such activity is prima facie violation of the provisions of the Forest Conservation Act, 1980. Every State Government must promptly ensure total cessation of all such activities forthwith.

The felling of trees in all forests is to remain suspended except in accordance with the Working Plans of the State Governments, as approved by the Central Government. In the absence of any working plan in any particular state, such as Arunanchal Pradesh, where the permit system exists, the felling under the permits can be done only by the Forest Department of the State Government or the State Forest Corporation.

Each State Government should constitute within one month an Expert Committee to: 48

(i) Identify areas which are ‘forests’ irrespective of whether they are so notified, recognised or classified under any law, and irrespective of the ownership of the land of such forest;

(ii) Identify areas which were earlier forest but stand degraded, denuded or cleared; and

(iii) Identify areas covered by plantation trees belonging to the Government and those belonging to private persons.

36. We have considered the applications made by

the applicants in the light of the aforesaid

orders passed by this Court, the additional

documents filed by GNCTD, Report Nos.8 and 10

submitted by the CEC and the recommendations made

therein and the objections filed by the

applicants vide I.A. No.142876/2021.

37. Pursuant to the Order of this Court dated

12.12.1996, an affidavit dated 15.09.1997 was

filed by the Conservator of Forests, GNCTD. In

the said affidavit under the head “Forest Areas

and Plantation Areas along the Roads managed by

PWD”, the State Government has included the trees

planted along the road side including Road No.26 49

in respect of which the application is filed as

part of Annexure IX of the said affidavit.

38. On the other hand, the DPT Act, 1994

regulates felling of trees falling outside the

notified forests and deemed forests. Under this

Act, the user agency has to bear the cost of

raising and maintenance of ten times the number

of trees to be felled.

39. Therefore, the crucial issue whether the

areas through which the metro railway lines are

to be constructed and pass through as noted

hereinabove are forest areas or non-forest areas

has to be determined by GNCTD. In this context,

we note that the applications have already been

filed by DMRC under the FC Act, 1980 on

02.11.2020 before the Chief Conservator (Forest)

and Nodal Officer (FCA), GNCTD, seeking sanction

under the FC Act, 1980, for conversion of 50,421

Ha of forest land for construction of underground

stations at Krishna Park and elevated corridor to

Keshopur to Mukarba Chowk from Janakpuri corridor 50

in Phase-4 of MRTS project with a request to

forward documents to the MoEF&CC, GoI for its

consideration. Therefore, there has already been

an application made seeking permission for

diversion of Forest land or non-forest activity

namely, the construction of the Metro railway

line in respect of the aforesaid areas.

40. Further, the MoEF&CC (Forest Conservation

Division), GoI, has also communicated by its

letter dated 14th November, 2019 to the Principal

Secretary, Forest of State and Union Territories

as under:

“2. Based on the recommendation of the FAC with regards to the definition of forests, the Ministry has decided as follows:

(i) India is a vast country with varied geo-

physical units and soil-climatic conditions that has given rise to a number of forest types. There are variations even within the forest types.

(ii) As far as developing criteria for ‘deemed forests’ is concerned, there cannot be any uniform criteria applicable to all forest types or all states. There has to be different criteria for different forest types or states.

(iii) It is only that Hon’ble Supreme Court had directed states to identify their own forests, in fact the states, having well 51

established forest departments, are in a better position, rather than MoEF&CC, to understand their own forests and needs, and should frame criteria for their forests.

(iv) While framing criteria, due diligence should be exercised taking into to account spirit of order of Supreme Court, National Forest Policy, the rationale of having adequate forests, site quality of naturally occurring forest species etc., for supporting a healthy environment.

(iv) The criteria so finalised by a state, need not be subject to approval of MoEF&CC. This issues with the approval of competent authority.”

41. On perusal of Report No.8 of 2021 in IA

No.105674/2020 submitted by the CEC, it is

observed that where any area is declared to be

forest area (within the meaning of the definition

given by this Court in the aforesaid order dated

12.12.1995), for diversion of the said area for a

non-forest purpose would require approval under

the provisions of the FC Act, 1980. However, if

there is need for felling of trees outside any

forest area then the provision of DPT Act, 1994

has to be complied with.

42. As far as, 23.62 km long Metro Corridor

between Aerocity and Tughlakabad stations in 52

Delhi passing through Southern ridge, South-

Central Ridge, Report No.10 of 2020 in IA

No.169030/2019 states that an extent of 7,777 Ha

of land of Delhi Ridge Area falls in the Northern

Ridge, Central Ridge and South-Central Ridge as

well as the Southern Ridge. The Ridge area has

been described in the Master Plan (Land use Plan)

as Regional Park.

43. By notification dated 24th May, 1994 under

Section 4 of the Indian Forest Act, 1927, 7,777

Ha of Delhi Ridge area has been notified as

Reserved Forest. It serves as the green lung for

Delhi and acts as a buffer against rising

pollution level and hence the Ridge area has to

be conserved with utmost care and should be

afforested with the indigenous species with

minimum of artificial landscape is the

recommendation of the CEC.

44. Pursuant to the directions issued by this

Court, the RMB under the Chairmanship of Chief

Secretary, Delhi, has been constituted for the 53

conservation and protection of Ridge. This is to

ensure that the Ridge is not occupied or

encroached upon by any person for any

unauthorised purpose so as to preserve its status

as ‘forest’.

45. Further, notifications have been issued to

exclude areas comprising in the Ridge from the

provisions of the Delhi Land Reforms Act and not

vesting the same in the Gram Sabha.

46. This Court by order dated 03.11.2011 passed

in WP(C) No.3339/2011, held that land situated

outside the notified Ridge areas but which have

morphological features conforming to the Ridge

should be given the same protection as is given

to the notified areas. Therefore, any

construction work to be carried out on such lands

also referred to as ‘Extended Ridge Areas’, must

have clearance from the RMB. Accordingly,

recommendations have been made by the CEC in the 54

aforesaid Report No.10 while also noting the

recommendations of the RMB.

47. In view of the above discussion, having

regard to the specific recommendations of the

CEC, the present interlocutory applications are

disposed of in the following terms:

(i) DMRC to file applications under the

FC Act, 1980 to the Chief

Conservator (Forest) and Nodal

Officer (FCI), GNCTD, seeking

permission for diversion of the

following extents of land for the

construction of Metro, Phase-IV of

MRTS Project with a request to

forward the said documents to the

MoEF&CC, GoI, for its consideration

under Section 2 of the FC Act,

1980:

55 (a) 5.34 km stretch on Road No.26 between Vikaspuri to Peeragarhi;

(b) 1288.973 sqm land at Najafgarh drain;

(c) area admeasuring 16097.75 sqm land located at Mangolpuri;

and

(d) area admeasuring 55.78 sqm at Krishna Park.

(ii) It is needless to observe that the

Chief Conservator (Forest) and Nodal

Officer (FCI), GNCTD, shall consider

the said application/s and forward

the same to MoEF&CC, GoI, with his

recommendations within a period of

one month from the date of receipt

of the said application/s.

(iii) MoEF&CC, GoI, on receipt of the

application/s, shall consider the

same expeditiously and within a

period of three months from the date

of its receipt, communicate its

decision to the applicant-DMRC as

well as to the Chief Conservator 56

(Forest) and Nodal Officer (FCA),

GNCTD.

(iv) Insofar as the prayer sought by the

Applicant-DMRC vis-à-vis South

Central/morphological Ridge forming

part of Aerocity-Tughlakabad Metro

Corridor is concerned, having regard

to the recommendations made by the

RMB, the DMRC is directed to file an

application before the RMB so as to

seek necessary permission for

diversion of the aforesaid Ridge areas

for the purpose of Phase IV of the

MRTS project passing through the said

areas.

(v) On such application being made, the

RMB shall make its recommendations on

the same and forward a copy of the

said recommendations to the Chief

Conservator (Forest) and Nodal Officer

(FCI), GNCTD, as well as to the

MoEF&CC, GoI, for its consideration 57

under section 2 of the FC Act, 1980

within a period of one month from the

date of receipt of the said

application.

(vi) MoEF&CC, GoI, shall on receipt of the

said application along with the

recommendations of RMB and the Chief

Conservator (Forest) and Nodal Officer

(FCI), GNCTD, if any, shall consider

the said application within a period

of three months from the date of its

receipt.

(vii) DMRC shall also comply with all other

conditions imposed by the RMB and also

the orders passed by this Court in this

very matter concerning the management of

the Ridge.

(viii) It is needless to observe that while

considering the said applications, the

directions and orders passed by this

Court referred to above as well as the

statutory scheme and guidelines and 58

parameters prescribed by MoEF&CC, GoI,

shall be borne in mind by the concerned

authorities. The Reports referred to

above may also be taken into

consideration.

(ix) Irrespective of and de hors the decision

to be taken by the concerned departments

with regard to the recommendations made

by the CEC in the aforesaid Report Nos.8

and 10, since the citizens of NCT of

Delhi have had and would continue to

have the facility of the metro rail, the

GNCTD as well as DMRC are directed to

conceive a plan of action for the

purpose of planting trees in the NCT of

Delhi. For that purpose, GNCTD may

involve school and college students,

educational institutions, Non-

Governmental Organizations, Citizen

Welfare Associations, public servants

and every citizen or person who is

interested in the ecology of NCT of 59

Delhi to plant trees/saplings and ensure

that they are nurtured and protected so

that the NCT of Delhi would in passage

of time have more greenery leading to

afforestation. The aforesaid direction

is issued having regard to the

precautionary principle as well as

principle of sustainable development by

ensuring citizens’ participation in the

preservation of the environment and

ecology. It is needless to observe that

such a plan of action would be conceived

by the Department of Forest and

Environment of NCT of Delhi in

consultation with the Public Works

Department, Education Department and

such other departments who will involve

themselves in ensuring the planting of

saplings and trees in NCT of Delhi. Such

a plan of action be conceived and the

same be placed on record before this 60

Court within a period of twelve weeks

for consideration of this Court.

…………………………………………….J [L. NAGESWARA RAO]

………………………………………...J [B.R. GAVAI]

………………………………………...J [B.V. NAGARATHNA]

NEW DELHI;

NOVEMBER 29, 2021.