JUDGMENT : 1. Mr. D C Khanduri, Deputy Conservator of Forests-cum-Secretary, Ridge Management Board has filed an affidavit dated December 9, 1996. Mr. Khanduri is personally present in Court to assist us. It is not disputed that a sum of Rs. 30 lacs has been earmarked to be spent on the fencing of the Ridge area during the financial year 1995-96. Mr. Khanduri states that the work of fencing has not as yet been started. We are of the view that the fencing of the Ridge area need not wait for completion of the proceedings under section 20 of the Forests Act. We direct the Ridge Management Board through Mr. D.C Khanduri to start the fencing of the Ridge area within 15 days from today. The fencing must be effective and enduring. Mr. Khanduri, in his capacity as Secretary to the Ridge Management Board shall file an affidavit within five weeks indicating the progress made in this respect. 2. Mr. R Venugopal, learned senior counsel appearing for the Land and Development Officer, Ministry of Urban Development has placed before us a list of 63 institutions which are functioning within the central ridge. It is stated that an area of 111.6 hectares is occupied by these institutions. The list of the institutions is as under : Schools 14 Colleges 1 Playground 7 Petrol Pumps 12 Govt. Agencies 10 Institutions 5 Essential 6 Parks 5 Religious 3 63 3. We direct Mr. B.L Nimesh, Land and Development Officer to file an affidavit in this Court within 10 days from today indicating the authority under which these institutions are occupying various lands within the Ridge area. Whether these institutions are lessessee/licensees or unauthorised. The land and Development Officer shall also give the authority on the basis of which these alienation's were made to these institutions. Meanwhile, we direct Mr. B.L Nimesh to issue notices to all these institutions indicating that they shall have to relocate themselves. 4. We have been taken through the affidavit dated June 19, 1995 filed by Mr. K J Alphonse, Commissioner Land Management. Delhi Development Authority. Mr. Alphonse is personally present in Court to assist us. According to him, the area measuring 963 hectares is under the DDA. Mr. Alphonse states that the constructions/occupation on the Ridge area is wholly unauthorised. According to him, there are 534 pucca structures.
K J Alphonse, Commissioner Land Management. Delhi Development Authority. Mr. Alphonse is personally present in Court to assist us. According to him, the area measuring 963 hectares is under the DDA. Mr. Alphonse states that the constructions/occupation on the Ridge area is wholly unauthorised. According to him, there are 534 pucca structures. 2924 semi pucca, 41 jhuggies, 40 commercial, 20 religious, 4 dairies, 4 Govt. Agencies, and three miscellaneous encroachments. It is stated by Mr. Alphonse that 41 jhuggies, 40 commercials, 4 dairies and three miscellaneous encroachments have already been cleared. He further states that out of twenty religious places 9 have been cleared. According to him, the remaining 11 religious places are In occupation since prior to 20 years. Out of the 4 Govt. Agencies one has already been moved out of the Ridge area but the remaining three agencies are still functioning. According to Mr. Alphonse, the DDA is facing real problem so far as pucca and semi-pucca structures are concerned. It is stated that out of 534 lueca structures, 522 are in the shape of a colony clustered in one area. Similarly, it is stated that out of 2924 semi-pucca structures 2800 are in the shape of a colony where more than 20,000 people are living. 5. Having discussed the matter with Mr. Alphonse, Mr. M.C. Mehta and other learned counsel who are present in Court, we issue the following interim directions: 1. The DDA shall file an affidavit within 10 days from today indicating the total area under the possession of 522 pucca structures and 2800 semi-pucca structures. The DDA shall give its positive response as to whether it is possible to relocate all the residents who are occupying these pucca and semi-pucca structures. In other words, would it be possible to shift the persons residing in this area to some other area. 2. The DDA shall indicate the vacant area adjoining to the Ridge area owned by the DDA to be included for the purpose of afforestation in lieu of the area which is occupied by pucca and semi-pucca structures. The area selected should ' be strictly adjoining to the ridge area. 3. We direct the Ministry of Home Affairs, Govt. of India through Home Secretary, Govt. of India to relocate the three Govt. Agencies which are operating in the ridge area.
The area selected should ' be strictly adjoining to the ridge area. 3. We direct the Ministry of Home Affairs, Govt. of India through Home Secretary, Govt. of India to relocate the three Govt. Agencies which are operating in the ridge area. A responsible officer of the Ministry of Home shall file an affidavit within two weeks of the receipt of this order indicating the time schedule within which these three agencies which are operating in the Ridge area can be relocated. 4. So far as the religious places are concerned. Mr. Alphonse states that 9 religious places have already been cleared of the encroachment. So far as the remaining 11 are concerned, Mr. Alphonse states that the DDA is trying to tackle this problem at their own level as at present. We leave the matter to be examined by the DDA and Mr. Alphonse shall report back to this Court the progress made in this respect. 5. Mr. R.S. Shri, learned counsel appearing for MCD states that an area comprising 67.29 acres in the north central and south central ridge is under the control of Municipal Corporation of Delhi. According to him about 22.5 acres are in the Northern Ridge, 7.6 acres in the Central Ridge and 37.19 acres in the South Central Ridge. He states that in the Northern Ridge there is Hindu Rao Hospital which is being run by the MCD. According to him there is no other encroachment in this area. He further states that there is no encroachment whatsoever on 7.6 acres in the Central Ridge. He states that the MCD is facing problem in the South Central Ridge where there are 268 unauthorised structures out of which 69 have been cleared and the remaining 199 are still subsisting. Apart from this, it is stated that there are 12 water reservoirs which are being used for collection and supply of water to the residents of Delhi. We direct the MCD to file an affidavit in this Court within 10 days from today indicating as to how much total area is under the possession of Hindu Rao Hospital and further how much area is occupied by the 199 unauthorised structures in the South Central Ridge. The MCD shall also indicate as to what efforts are being made to clear the South Central Ridge area from the encroachers. 6. We direct the Ridge Management Board through Mr.
The MCD shall also indicate as to what efforts are being made to clear the South Central Ridge area from the encroachers. 6. We direct the Ridge Management Board through Mr. D.C. Khanduri, Deputy Conservator of Forests to have a complete survey of the total Ridge area and make an assessment as to which part of the Ridge needs afforestation. After completing the survey, the work of afforestation and of planting of trees shall be undertaken by the Board in the right earnest. An affidavit shall be filed by Mr. D.C. Khanduri within five weeks from today indicating the progress made in this respect. 7. Mr. M.C. Mehta has taken us through the affidavit dated June 19, 1995 of Mrs. Kiran Dhingra, Secretary (Environment) Development Commissioner, Govt. of NCT wherein the encroachments made in the Asola wildlife Sanctuary and Bhatti wildlife Sanctuary have been explained. Asola wildlife Sanctuary and Bhatti Wildlife Sanctuary are notified Sanctuaries under the wildlife Protection Act, 1972. It is stated that the encroachments in the Asola Wildlife Sanctuary are spread over five pockets covering approximately four hectares and comprising 480 jhuggis and 250 pucca houses, in addition to a graveyard and cattle 'Baras'. Out of this, about 2.8 hectares is under cultivation and is under litigation. So far as the Bhatti Wildlife Sanctuary is concerned, it is stated that the encroachments comprise three clusters, namely, Sanjay Nagar, Balbir Nagar and Indira Nagar. Together, they occupy approximately 93 hectares and have 5099 jhuggis/pucca/semi-pucca houses. Mr. Khanduri states that Asola Wildlife Sanctuary is spread over in an area of 1880 hectares and Bhatti Wildlife Sanctuary is spread over in an area of 840 hectares. 6. We request Mr. K J Alphonse and Mr. J K Mathur, who are present in Court to have the assistance of Forest Range Officer and Deputy Forest Ranger (C/O Deputy Conservator Forest, Kamla Nehru Ridge. Delhi-7) and have a survey of these two sanctuaries. They shall survey the area especially to find out as to whether the jhuggis in Asola Wildlife Sanctuary can be shifted somewhere near about so that the area in their occupation in the sanctuary can be made available for co-purposes. They shall also demarcate the area which can be fenced with immediate effect so that what remains is a pure wildlife sanctuary where under there is no construction of any type.
They shall also demarcate the area which can be fenced with immediate effect so that what remains is a pure wildlife sanctuary where under there is no construction of any type. The team shall examine the area and make a report with their recommendations to salvage these sanctuaries from further encroachments. 7. We direct the Ridge Management Board through Mr. Khanduri to give details of the area which is under litigation. The details of the case pending in various courts be also supplied along with an affidavit to be filed in this Court within 10 days from today. 8. The Committee shall file its report within two weeks from today. 9. So far as the Gaon Sabha land is concerned, learned counsel for NCT, Delhi Administration states that the matter is under active consideration of the Lt. Governor of Delhi. He further states that a decision in this respect shall be taken shortly at the level of f a responsible officer in this Court. 10. List the matter on January 25, 1996.