JUDGMENT : 1. Pursuant to this Court's order dated January 25, 1996 Mr. Krishan Mahajan, Advocate and Mr. JK Mathur, Consultant have placed on record their report regarding water reservoirs situated in the ridge area. Eleven reservoirs constructed in the ridge area are being operated by the Delhi Water Supply and Sewage Disposal Undertaking (the undertaking). The total area, covered area and open area in respect of each of the reservoirs detailed in the report is as under: Name Total Area Covered Area Open Area 1. Flag Staff 20,463.30. 2,874.03 17889.27 2. M.M. (Jeetgarh) 13,870.53 4,193.12 9,677.41 3. Hindu Rao 10,081.30 4,894.49 5,186.81 4. Ridge Road 7,907.83 1,839.12 6,068.15 5. Talkatora 19,416.20 4,940.90 14,475.30 6. Palam 28,664.16 6,523.19 22,140.97 7. New Rajinder Nagar 19,729.18 1,479.79 18,249.39 8. Naraina 4,983.50 1,640.25 3,343.25 9. Sanjay Vann 2,127.60 Not stated Not stated 10. Ghitorni 70 (acres) Not stated Not stated 11. Bhuli Bhatiary Not stated Not stated Not stated 2. Mr. RS Suri, learned counsel appearing for the Undertaking states that there is 12 feet high boundary wall around all the reservoirs. He further states that the open area shown above is also enclosed by the boundary wall. According to Mr. Suri the area is being utilsied for, the purposes incidental to the reservoirs. Mr. Mahajan on the other hand states that the open area as indicated in the report is not being used by the Undertaking and can be retrieved to the Ridge. Before we take a final decision in this respect, we request Dr. P Khanna, Director, NEERI to appoint an expert team to visit the ridge are and inspect all the reservoirs and submit a report as to whether it would be technically feasible to retrieve the area as per the report of Mr. Mahajan from the reservoirs. This may be done within two w:.,eks of the receipt of the order. Registry to send a copy of this order alongwith Mr. Mahajan report to Dr. Khanna within two days. Needless to say that the NEERI's expenses shall to paid by the Undertaking. 3. The Mahajan report states that there are some staff quarters/colonies constructed in the ridge agea. Mr. Suri states that it is necessary to have residential staff quarters in the vicinity of the reservoirs to look after the emergency work connected with the water supply. Needless to say that the NEERI's expenses shall to paid by the Undertaking. 3. The Mahajan report states that there are some staff quarters/colonies constructed in the ridge agea. Mr. Suri states that it is necessary to have residential staff quarters in the vicinity of the reservoirs to look after the emergency work connected with the water supply. NEERI may examine this aspect also and report whether it is necessary to locate the staff quarters in the ridge area. NEERI team may associate, if they so wish, the Chief Engineer of the Undertaking and Mr. Mathur in the expert team. 4. To come up on 24th April, 1996. Asola Wildlife Sanctuary 5. This is in pursuance to this Court's order dated March 13, 1996 and subsequent orders regarding Asola Wildlife Sanctuary. We have been taken through the affidavits of Mr. DC Khanduri dated March 1996 and also the report of Mr. Manjit Singh Both are present in Court. Mr. Manjit Singh has given details of the proposed action which is necessary to complete the shifting ofjhuggies from the ridge area to the area which has been selected for this purpose. Mr. Manjit Singh in his report has stated that the totality of the work shall have to be completed within a specified time frame. We agree with Mr. Manjit Singh, Mr. Khanduri and all other officers concerned to place before us the time frame necessary for the completion of the work by 8th April, 1996. 6. The matter is adjourned to 9th April, 1996 to scrutinise the time frame to be given by Mr. Manjit Singh. 63 INSTITUTIONS: 7. Pursuant to this Court's order dated January 25, 1996, the Forest Settlement Officer, Government of NCT of Delhi has placed his report dated March 11, 1996. It is stated in the report that he has considered the objections filed by 63 Institutions which are stationed and operating in the ridge area. He has given in the report the gist of his decision in respect of each of the category. The first category is petrol pumps and gas godowns. We have heard Dr. Singhvi, Mr. Mehta and other learned counsel representing the Indian Oil Corporation and the Petrol Pumps and Gas Godown. The petrol pumps are as under: 1. Indian Oil Corporation, Petrol Pump at Willingdon Cresent. 2. Hindustan Petroleum Corpn., M/s. Pusa Service Station. 3. The first category is petrol pumps and gas godowns. We have heard Dr. Singhvi, Mr. Mehta and other learned counsel representing the Indian Oil Corporation and the Petrol Pumps and Gas Godown. The petrol pumps are as under: 1. Indian Oil Corporation, Petrol Pump at Willingdon Cresent. 2. Hindustan Petroleum Corpn., M/s. Pusa Service Station. 3. Hindustan Petroleum Corpn., M/s. Kitchner Service Station. 4. Indian Oil Corporation, M/s. Delhi Automobile. 5. Indian Oil Corporation, M/s. Sodhi Auto Service Station. 6. Indian Oil Corporation, Ms. Chanakayapurpuri Service Stn., 7. Indian Oil Corporation, M/s. Ridge View Service Station at Shankar Road. 8. Bharat Petroleum Corpn., M/s. Shankar Marg Filing Station. 9. Bharat Petroleum Corpn., M/s. Pushpanjali F.C.S.S. 10. Indian Oil Corporation, M/s. Arora Service Station. 11. Petrol Pump (M/s. Link Road Petrol Filing Station). 8. It is stated in the report that some of the petrol pumps may not be strictly within the ridge area, but on an over all consideration, the report indicates that all the petrol pumps are located in the periphery or in the vicinity of the ridge. Keeping in view the fact that large number of vehicles drive into this petrol pumps every day, we are of the view that their location in the ridge area is hazardous to the environmental preservation. The emission from vehicles create pollution in the ridge area. We are, therefore, prima facie of the view that all the petrol pumps and the gas godown are to be relocated from their existing location. Mr. Arun jaitley, appearing for the D.D.A., has suggested that the licenses of all these 11 petrol pumps at the present location be frozen and they be given new licenses by the Ministry of Petroleum. It is stated that as and when new colonies come up, the new sites for installations of petrol pumps are bound to be provided. According to Mr. Jaitley the next 11 allotments of the petrol pumps by the Ministry of Petroleum can be made in favour of these 11 petrol pumps, who are to be relocated from the ridge area. We agree with the suggestion. So far as the gas godown is concerned, surely in the new colonies, which are to come up, there must be some place ear-marked for the gas godown also. We, therefore, direct the Secretary, Ministry of Petroleum, Government of India, to give his response to the suggestion made by Mr. We agree with the suggestion. So far as the gas godown is concerned, surely in the new colonies, which are to come up, there must be some place ear-marked for the gas godown also. We, therefore, direct the Secretary, Ministry of Petroleum, Government of India, to give his response to the suggestion made by Mr. Jaitley within two weeks of the receipt of this order. It should also be indicated as to within how much time the fresh allotments in favour of the 11 petrol pumps is possible and the likely places where the allotments can be possible. 9. Copy of this order be given to the learned counsel for the Government of India within two days. He shall send a copy to the Ministry. The affidavit to be filed within two weeks. 10. We direct the D.D.A. to file an affidavit in this Court within two weeks indicating as to whether any petrol pump sites are available as at present in the colonies which are being developed by the D.D.A. If so, the location be indicated in the affidavit. 11. We further direct the Member Secretary, National Regional Capital Planning Board to file an affidavit, indicating the petrol pumps sites available in the National Capital Region nearer to the territory of Delhi. The copy of the order be sent to the Member Secretary within two days. 12. To come up on 24th April, 1996. RELIGIOUS INSTITUTIONS: 13. The second item in the report is religious institutions. So far as Nanak Sar Gurudwara is concerned, it is situated in the area measuring 1.5. acres. The area has been notified as social/religious place. Mr. Jolly, Commissioner Lands Management, D.D.A., present in Court, shall inspect the area and make a report whether the total area of 1.5 acres is necessary for the purposes of the religious activities of the Gurudwara. Mr. Jolly would examine as to whether any area can be retrieved from the possession of the Gurudwara. 14. The report indicates that Birla Mandir is situated in an area measuring about 4.59 acres. It is further stated that alongwith Birla Maudir about 7.25 acres of land has been allotted to a trust for recreational purposes. It is recommended in the report that 7.25 acres of area should be included in the reserved forest. Mr. 14. The report indicates that Birla Mandir is situated in an area measuring about 4.59 acres. It is further stated that alongwith Birla Maudir about 7.25 acres of land has been allotted to a trust for recreational purposes. It is recommended in the report that 7.25 acres of area should be included in the reserved forest. Mr. Jolly shall inspect the area and submit a report indicating the purpose for which the 7.25 acres is being utilised. He would also indicate as to whether any area out of 4.59 acres where Mandir is located can be retrieved. 15. Mr. Jolly shall also visit New Delhi Kali Bari and Mahant Guru Gorakh Nath Gurudham Yoga Trust and give the detail of the area in occupation of these institutions. He shall also indicate the area necessarily required for the main religious activities of the Kali Bari and Yoga Trust. Mr. Jolly shall file his report within two weeks. 16. To come up on 24th April, 1996. HOSPITAL: 17. Two hospitals are covered under the report namely Sir Ganga Ram Hospital and Dr. Ram Manohar Lohia Hospital. Both the Hospitals are well known hospitals in the town. They are rendering public utility service. We direct Mr. Jolly to visit the two hospitals and find out the actual area which is covered by the hospitals. He shall also find out whether any area which is not being used by the hospital can be retrieved to be added to the Ridge. So far as Sir Ganga Ram Hospital is concerned, a perpetual lease was given by the deed dated February 23, 1971 w.e.f. January 12,1950. Mr. Shansi Bhushan, learned counsel appearing for the hospital, states that a responsible officer of the hospital shall file an affidavit within two weeks indicating the extent of free service being rendered to the poor strata of the society by the hospital. In case there is no scheme in existence, the hospital shall frame a scheme and place it before this Court. We are saying so because a huge area of 12 acres has been given on a perpetual lease to the hospital almost free. We are of the view that the hospital must render useful free service to the poor of the country. 18. To come up on 24th April, 1996. SOCIAL INSTITUTIONS: 19. We are saying so because a huge area of 12 acres has been given on a perpetual lease to the hospital almost free. We are of the view that the hospital must render useful free service to the poor of the country. 18. To come up on 24th April, 1996. SOCIAL INSTITUTIONS: 19. The report states that three social institutions namely Lal Dwara Managing Committee, Bhartiya Adim J?ti Sevak Sangh and Jagjivan Ram Ashram Trust are located on the institutional area alongwith old link road. Mr. Jolly shall visit these institutions and report the nature of activities undertaken by these institutions. The extent of area and the way the area is being utilised be indicated. This be done within two weeks from today. 20. To come up on 24th April, 1996. EDUCATIONAL INSTITUTION, 21. We request Mr. Krishan Mahajan to inspect the educational institutions, which are subject matter of the report, alongwith Mr. Jolly and submit a report indicating the area which is necessary for the functioning of these educational institutions. The inspection team shall also identify the excess area such as reserved for future development etc. The report shall be placed on record within four' weeks from today. 22. To come up on 1st May, 1996. GOVERNMENT INSTITUTIONS: 23. The Government institutions, part of the report, shall be taken into consideration on the 24th April, 1996. PRIVATE PERSONS, 24. There are large number of persons who are unauthorisedly in occupation of the ridge area since earlier to 1950. They are occupying till date on the basis of some sort of "Gadgil assurance". It is admitted by learned counsel, appearing for private persons and Lt. Col. Sharma, that there are allotment or license in their favour by any authority of the Government. Be that as it may, since they are occupying the area for the last nearly five decades, the Government of India is under an obligation to provide them with alternative accomoiodation. Mr. Venugopal, learned counsel appearing for L&DO states that he would examine the case of each of these persons and indicate their status viz.-a-viz. - their right of accommodation. He may do so and file an affidavit within two weeks. 25. To come up on 24th April, 1996. 26. Para 16 of the report is in the following terms: "That there are some encroachers in the Central Ridge area who have not led their claims. - their right of accommodation. He may do so and file an affidavit within two weeks. 25. To come up on 24th April, 1996. 26. Para 16 of the report is in the following terms: "That there are some encroachers in the Central Ridge area who have not led their claims. All such encroachers should be removed forthwith in accordance with law." 27. Mr. Venugopal, learnea counsel appearing for the L&DO states that the encroachers from the Central Ridge shall be removed within three weeks from today. We direct Mr. BL Nimesh, working as Land and 'N Development Officer,to have the Central Ridge area inspected and all those persons, who in terms of para 16 above, are occupying the ridge area unauthorisedly shall be removed within three weeks. Copy of this order be sent to Mr. Nimesh and be given to Mr. Venugopal within two days. He shall file an affidavit within four weeks indicating the action taken in this regard. 28. To come up on 1st May, 1906. GAON SABHA LAND: 29. Pursuant to this Court's order dated T March 13, 1996 the necessary notification under Section 154 of Delhi Land Reforms Act, 1954 has been issued on 2nd April, 1996. We direct the Ridge Management Board through Mr. Khanduri to take control of this area and start fencing the same. The area which needs planting of trees that should also be undertaken immediately. 30. The learned counsel for the N.C.T., Delhi Administration states that a notification under Section 4 of the Forests Act regarding land added to the ridge near Nanakpura has been issued on March 19, 1996. MARBLE DEALERS AND AUTOMOBILE WORKSHOPS: 31. Pursuant to this Court's order dated February 22, 1996 and March 13, 1996 Mr. US Jolly, Commissioner (Lands management), D.D.A. has filed an affidavit. He has also filed a report regarding removal of marble dealers from South Central Ridge. It is stated in the report that all the marble dealers have been removed from the area. The learned counsel, appearing for the marble dealers, state that the Delhi Development Authority may, if possible, provide some alternate area to relocate them. Mr. Jaitley has suggested the area in Dwarka where the plots are likely to be auctioned. Mr. Sanghi, learned counsel states that Dwarka is far away for their business. Mr. Sanghi states that his clients would suggest some near about places to Mr. Mr. Jaitley has suggested the area in Dwarka where the plots are likely to be auctioned. Mr. Sanghi, learned counsel states that Dwarka is far away for their business. Mr. Sanghi states that his clients would suggest some near about places to Mr. Jolly, who may consider the same. 32. Mr. Rajiv Dutta and Mr. Sanghi state that so far as automobile dealers are concerned, they were not given any opportunity and their super-structures were demolished. Mr. Jolly may give them a hearing. We direct the automobile dealers through Mr. Vashisht to appear before Mr. Jolly on 8th and 9th April, 1996 between 2.00 p.m. to 3.00 p.m. at Mr. Jolly's office and raise their points for consideration. 33. The area which has been retrieved from the marble dealers and automobile dealers shall be fenced. The work of afforestation such as planting of trees etc. shall be undertaken by the Ridge Management Board with immediate effect. 34. Mr. Jaitly states that Delhi Auto and General Finance Pvt. Ltd., 3/15, Asaf Ali Road, New Delhi, in CCP No. 237/94 dated 23.5.94 has obtained stay order from Delhi High Court. We issue notice to the dealer to show cause why the stay granted by the High Court be not vacated. D.D.A. to serve dasti. 35. To come up on 10th April, 1996. I.A. No. 32: 36. Issue notice to M.C.D. and Delhi Water Works and Sewage Disposal Undertaking, returnable on 24th April, 1996.