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M.L Sud And Others v. Union Of India And Others
Factual and Procedural Background
The writ petition concerns approximately 435 acres of land known as the Jahanpana Forest, situated near Greater Kailash Part II, New Delhi. The Delhi Master Plan designates this tract as “Green,” earmarking it to be maintained as a City Forest. The petitioners alleged that the Delhi Development Authority (DDA) was denuding the forest by cutting trees, erecting constructions, and laying roads. The matter came before the court for protective directions.
Legal Issues Presented
- Whether the Delhi Development Authority may lawfully fell trees, construct structures, or build roads within the Jahanpana Forest, contrary to its designation as a City Forest.
- What protective measures and monitoring mechanisms should be imposed to preserve the ecological integrity of the area.
Arguments of the Parties
Petitioners' Arguments
- The DDA is actively denuding the Jahanpana Forest by cutting trees.
- Unauthorized constructions and road-laying activities are being undertaken, contrary to the “Green” designation in the Master Plan.
DDA's Arguments
- The allegations are denied; the DDA asserts it has undertaken plantation efforts rather than destruction.
- The authority has no intention of denuding the forest.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court declined to adjudicate the factual dispute over past tree-felling because the DDA, through counsel, furnished comprehensive undertakings that address the petitioners’ concerns:
- Tree protection: No trees will be felled except diseased ones, and even then only after obtaining permission from the Head of the DDA’s Horticulture Department.
- Construction limitation: No construction will be carried out except sanitary facilities for visitors.
- Road restriction: The DDA may create only a single track or road, not exceeding two metres in width, configured in the shape of the figure “8.”
- Vehicle prohibition: No vehicles are permitted within the forest, save bicycles ridden by children under 12 years of age.
- Enforcement against private encroachment: The DDA must demolish any privately erected structures in the area in accordance with law.
- Regulatory compliance: Any activity requiring permission from the Government of India must still obtain such approval.
- Independent monitoring: The Conservator of Forests, Government of India, is directed to inspect the area every three months and report any breach of these directions.
Because these undertakings comprehensively safeguard the forest, the court found no need for further directions.
Holding and Implications
The writ petition is DISPOSED OF with directions binding the DDA to the undertakings summarised above. No order as to costs was made.
Implications: The order imposes concrete, court-monitored restrictions on tree-felling, construction, vehicular access, and road building within the Jahanpana Forest. Although no new legal precedent is articulated, the ruling secures ongoing environmental protection through periodic oversight by the Conservator of Forests and reinforces the Master Plan’s “Green” designation for the area.
Order
1. This writ petition relates to an area comprising about 435 acres of land near Greater Kailash Part II in New Delhi and known as Jahanpana Forest. In the Master Plan this area has been shown as “Green” and it is to be maintained as a City Forest. The petitioners have come to this Court with allegations that the Delhi Development Authority (referred to hereinafter as “DDA”) is denuding the said forest by cutting trees and putting up construction and laying roads.
2. Learned counsel for the DDA denies these allegations and states that, in fact, the plantation of trees and plants in the said area has been done by the DDA and it has no intention of trying to denude the forest.
3. We do not propose to enter into the correctness of the aforesaid allegations because DDA through its counsel gives an undertaking to this Court that no tree will be felled in the said area except in the case of diseased trees and even before such a tree is felled the DDA will take permission of the Head of the Horticulture Department of DDA.
4. It is further agreed by the DDA that no construction will be made in the said area except for providing sanitary facilities to persons who visit the said forest. It will be open to the DDA to make one track or road not more than two meters in width in the shape of the figure of 8 in the said area but no other road or track will be made in the said area. The DDA is directed to ensure that no vehicles are allowed to be used in the said area other than bicycles and even these are to be permitted to be used only by children below 12 years of age. If any construction is put up in the said area by any private person the DDA will take steps according to law to have the same demolished. If the DDA carries out any activity for which the permission of the Government of India might be required, this order will not absolve the DDA from the requirement of obtaining such permission. We direct the Conservator of Forests of the Government of India to visit the area once every three months and to report whether any infringement of our directions is being made. A copy of this order will be served on the said Conservator of Forests.
5. Apart from what we have observed above, we are of the view that no further directions are required in the writ petition and it is disposed of in the aforesaid terms.
6. There will be no order as to costs.
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