No construction in the Central Ridge for the time being, says Delhi HC in interim order

New Delhi, Sep 4 (IANS) The Delhi High Court on Monday directed that construction activities be stopped within the Central Ridge area of the national capital, including plans for a 25-metre boundary wall, grill work, and visitor toilets at historic monument, Malcha Mahal.

This interim order came in response to a contempt plea, wherein Amici Curiae, advocates Gautam Narayan and Aditya N Prasad, raised issues related to tree plantation directions in the national capital.

The court's attention was drawn to a report in a news publication titled "Malcha Mahal in for royal makeover with boundary wall, iron grille, and greening," which mentioned plans by the Delhi government to construct a 2-foot high boundary wall at Malcha Mahal, topped with a 5-foot high iron grille, and stone masonry for the monument's facelift and protection.

Justice Jasmeet Singh, while recognising the importance of preserving the monument, emphasised that construction within the Central Ridge, including the proposed boundary wall and toilets, should not proceed at this time.

"For the time being, it is directed that there shall be no construction at the Central Ridge, including but not limited to construction of 25 metres boundary wall, grill work, or toilets."

The court stressed that Central Ridge serves as a protected area, providing fresh air and acting as a natural barrier to the hot winds blowing from Rajasthan into the national capital.

As a result, it ruled that no concretisation should take place within the area at this time.

On August 28, the high court had expressed concerns over the presence of 63 structures inside the Central Ridge area, stating that these structures, lacking any court protection, will have to be removed.

"How can they have protection? I don’t understand. Sixty-three is not a small number. It is a huge number… It (Central Ridge) is the lungs of Delhi. How can there be 63 structures? What are these and what is the protection? If there is no protection, the structures have to go," it had said.

The Deputy Conservator of Forest, West Forest Division, had informed the court that there are 63 structures, including ashrams, within the 864-hectare ridge area. He had noted that these structures existed prior to the Supreme Court's judgement in the MC Mehta case, which allowed certain institutions to remain under the condition that their presence wouldn't expand in the Ridge.

The court had directed the Delhi government to file an affidavit indicating the status of these 63 structures and their stand regarding them.

The Deputy Conservator of Forest had also informed the court about the removal of construction and demolition materials as well as municipal solid waste from the Central Ridge over the last two months.

The court had expressed its dissatisfaction with the presence of such materials on the Central Ridge and said that there should not have been any such material in the area to begin with.

The Deputy Conservator of Forest had assured the court of proper monitoring and deployment of staff to prevent further dumping of materials.

The court was also told about the construction of a trail path in the Central Ridge area and that the path already made shall be removed along with the material within six weeks.

The court had also asked for optimal utilisation of the Delhi Green Fund in consultation with relevant authorities. Furthermore, it had asked counsel for the Delhi Development Authority (DDA) to join the proceedings regarding the expansion of forested areas in Delhi.

The DDA's counsel was directed to work with the Director of Planning in the Delhi government to identify land that could be used for extending forested land.

The case will be heard next on October 9.

Earlier, the HC had expressed its displeasure over encroachments in the Central Ridge area and had issued a warning to the authorities to take corrective action promptly, or face contempt proceedings.

The court had asked the authorities about the areas designated for tree plantation, the utilisation of funds in the high court's bank account meant for tree planting, and the encroachments within the Central Ridge.