JUDGMENT : REGARDING INSTITUTIONS IN RIDGE AREA: 1. Mr. Ramesh Tiwari, Forest Settlement Officer is personally present in Court. On our suggestion he states that he will make all efforts to finalise the hearing of the objection within the next two weeks. He further states that apart from 63 Institutions, there are about 20 objections filed by various Institutions/persons. Mr. Tiwari shall also in each case decide whether the construction etc./encroachment on the Ridge area made by the objectors was prior to coming into force of the Forest Conservation Act, 1980 or thereafter. If it is after coming into force of the Act, whether necessary permission from the Central Government was obtained or not. This matter be listed on March 13, 1996. RELIGIOUS INSTITUTIONS: 2. Learned counsel for the Delhi Development Authority states that necessary survey has been done by Mr. Alphonse alongwith Mr. Jain in respect of Religious Institutions. Since Mr. Alphonse has to leave the city, the report could not be filed. List on March 13, 1996. CONSTRUCTION AT TODAPUR DASGARH, ISLAM NAGAR, MEHRAULI: 3. Regarding 17.5 hectares of land at Nanak Pura, opposite Nanak Pura Gurudwara, Mr. Jain, present in Court, states that the survey report has already been sent to the Forest Officer. He further states that the map of the area will be forwarded to the Forest Officer within three days from today. Mr. Khanduri, present in Court, states that as soon as the map is received, the procedure under the Forest Act for declaring the area `reserved forest' shall be initiated. We direct the NCT, Delhi and request Lt. Governor of Delhi to have the notification under Section 4 issued within 10 days of the receipt of the map by the Forest Department. An affidavit indicating of the progress made by the NCT, Delhi shall be filed in this Court by Mr. Khanduri by 13th March, 1996. Mr. Jain states that the work of afforestation and of landscaping etc. is in progress in the area of 17.5. hect. Mr. Jain shall file a short affidavit before 13th march, 1996. We make it clear that if Mr. Jain need any assistance from the Forest Department, he may have the same of Mr. Khanduri in afforestation of the newly added area. To come up on 13th March, 1996. ASOLA WILDLIFE SANTUARY: Shifting of the Jhuggies to Sanjay Nagar: 4. hect. Mr. Jain shall file a short affidavit before 13th march, 1996. We make it clear that if Mr. Jain need any assistance from the Forest Department, he may have the same of Mr. Khanduri in afforestation of the newly added area. To come up on 13th March, 1996. ASOLA WILDLIFE SANTUARY: Shifting of the Jhuggies to Sanjay Nagar: 4. We have examined the affidavit filed by Shri D.C. Khanduri on behalf of the Ridge Management Board. We appreciate various aspects highlighted by the Board regarding the shifting of the Jhuggies, to one concentrated place. After hearing learned counsel assisting us and the Officer before us, we are of the view that the suggestion made by Mr. Alphonse and Mr. Mathur in their report would be more viable as' at present. The procedure for relocation detailed in para 3 of Mr. Khanduri's affidavit may take a considerable time. We suggest to the Ridge Management Board to reconsider the question. It would be convenient to shift the Jhuggies at Devali Pahari, Balbir Nagar and Indira Nagar to Sanjay Nagar. This may be a temporary arrangement. Once the jhuggy dwellers are located at one place, NCT Delhi may relocate them in the near future following the procedure indicated in para 3 of the affidavit. We request Mr. Mathur and Mr. Alphonse to be present in the meeting of the Ridge Management Board when this matter is reconsidered. We will examine this aspect further after having response from the Ridge Management Board. Mr.,Maheshwari states that Additional Commissioner Slums, MCD shall also be present in the meeting with Ridge Management Board. To come up on 13th March, 1996. GAON SABHA LAND: 5. Mr. Sikka states that the question of issuing notification under proviso to Section 154 of Delhi Land Reforms Act is under active consideration. He states that the Committee has given its report. We shall take up this matter on 13th March, 1996. 6. We have the report Mr. DK Maihotra, Civil Judge Delhi dated February 3, 1996 pursuant to this Court's order dated January 25, 1996. The learned Judge in his report has stated that the nature of proceedings pending before him are "Execution Proceedings" pertaining to a decree passed in the year 1969. 6. We have the report Mr. DK Maihotra, Civil Judge Delhi dated February 3, 1996 pursuant to this Court's order dated January 25, 1996. The learned Judge in his report has stated that the nature of proceedings pending before him are "Execution Proceedings" pertaining to a decree passed in the year 1969. In the said proceedings the decree holder is seeking the execution of the decree providing access to the land of the decree holder which is surrounded by the Ridge. Mr. Khanduri states that the area owned by decree holder is near about 70 bighas. The said area is in the heart of the Ridge. Once rasta is provided to the decree holder, he can utilise, the land, which is within the heart of the Forest, in any manner he likes. We are of the view that it would be in the interest of the preservation and conservation of Ridge that this area of 70 bighas be acquired immediately by NCT, Delhi. Mr. Khanduri states that as at present the financial position of the NCT does not permit to initiate the proceedings. We are of the view that NCT has to arrange funds for this purpose. If necessary, subsidy/loan etc. can be obtained from the Government of India. Mr. Khanduri states that Board shall take decision to acquire this land within two weeks from today and forward the request to the Land Acquisition Officer/Secretary, Land and Buildings to have the financial aspects examined, if necessary at the level of the Lt. Governor and file a report in this Court within four weeks from today. The Secretary shall indicate the sources from which funds can be obtained. 7. Our attention has been invited to Section 11 of the Indian Forest Act under which the Forest Settlement Officer (Mr. Ramesh Tiwari) himself can examine the question of acquiring the land. We direct Mr. Tiwari to examine this question and send a report to Secretary, Land and Buildings within two weeks from today. 8. So far as the proceedings initiated by Mr. Gurmohan Singh, there is no report from Mr. NN Kaushik, Civil Judge, Tis Hazari. May be four weeks have not expired from the date of receipt of order. So far as Mr. Gurmohan Singh's case is concerned, Mr. Khanduri states that dispute is regarding the demarcation of boundary wall/fencing. 8. So far as the proceedings initiated by Mr. Gurmohan Singh, there is no report from Mr. NN Kaushik, Civil Judge, Tis Hazari. May be four weeks have not expired from the date of receipt of order. So far as Mr. Gurmohan Singh's case is concerned, Mr. Khanduri states that dispute is regarding the demarcation of boundary wall/fencing. In case there is any construction on that area which falls in the Ridge that may be demolished. Mr. Khanduri shall have a copy of this order placed before Mr. NN Kaushik, learned Civil Judge. To be taken up on 13th March, 1996. WATER RESERVOIRS ON THE RIDGE: The question regarding water reservoirs on the Ridge to be retrieved from the said area be taken up on 13th March, 1996. HINDU RAO HOSPITAL: 10. We have examined the report submitted by Mahajan Committee. We are of the view that some more exercise has to be done in the matter. We, therefore, request Mr. Mahajan, Mr. Mathur and Mr. PC Jain to have the are inspected once again. We request Mr. Nag, the Senior Architect and Mr. Bagga, the Town planner to accompany the team. Mr. Mahajan will inform the other members of the Committee of the date and time when the inspection is to be done. We make it clear that we want the assistance of the Committee in identifying the minimum area which is necessary for the operation of the Hospital. The location of the major buildings at various places may also be indicated. The total plan of the area indicating the building and other constructions should be indicated. The Senior Architect of the MCD with the assistance of the Town Planner shall make a Scale Plan. The purpose of the inspection is to leave only the fare minimum area with the Hospital and take over the remaining area to be added back to the Ridge. To be listed on 21st March, 1996. SOUTH CENTRAL RIDGE: 11. A copy of Mr. Jain's report be sent to Mr. Alphonse, Commissioner Land, Delhi Development Authority. Mr. Alphonse shall examine the report and give his response to the report within 10 days from today. 12. Mr. Jain's report indicates that there are large number of unauthorised occupants who are operating as marble/stone dealers,' automobiles workshop etc. According to Mr. Jain, they are admittedly unauthorised. Mr. Alphonse, Commissioner Land, Delhi Development Authority. Mr. Alphonse shall examine the report and give his response to the report within 10 days from today. 12. Mr. Jain's report indicates that there are large number of unauthorised occupants who are operating as marble/stone dealers,' automobiles workshop etc. According to Mr. Jain, they are admittedly unauthorised. Mr. Alphonse, the Commissioner Lands may examine the question of issuing notices to all these unauthorised persons directing them to stop functioning in the Ridge area. He may issue notices giving them a reasonable time to vacate the premises, failing which they may be removed forcibly from the area. Mr. Saharya to hand over a copy of this order to Mr. Alphonse within two days. To come up on 13th March, 1996. 13. We direct the NCT, Delhi to reimburse the expenditure incurred by any of the teams such as Mr. Mahajan's team or any other person while acting under orders of this Court. The actual expense shall be reimbursed within two weeks of the filing of the bill. 14. Mr. Khanduri states that so far as work of fencing is concerned, it is going on satisfactorily. He is filing a report, which may be taken up for consideration on 13th March, 1996.