Summary
The Court directed DMRC to pursue statutory forest-clearance procedures for specified Phase IV Metro sites and Ridge areas rather than granting the requested declaration that the sites were non-forest or permitting unrestricted construction. GNCTD and the Ridge Management Board were to forward recommendations within one month of the respective applications, and the Union Ministry was to decide within three months of receipt. Independently, GNCTD and DMRC had to prepare a public-participation tree-planting and protection plan for submission within twelve weeks.
Issues
- Whether DMRC could obtain a non-forest declaration and unrestricted construction permission directly in the pending proceedings.
- What clearance process and environmental measures should govern the specified Metro sites and Ridge areas.
Provisions considered
- Section 2, as then applicable, Forest (Conservation) Act, 1980The statutory process for considering diversion of forest land to non-forest use had to be followed, informed by the Court’s existing forest-protection orders. (¶¶ 34, 35, 39, 41, 47)
Held
- Forest protection extends to forest understood in its dictionary sense and land recorded as forest, irrespective of ownership or formal classification, under the earlier Godavarman directions. Whether the disputed Metro sites were forest or non-forest required determination by GNCTD; the Court did not adopt the requested non-forest declaration. (¶¶ 35, 37, 39, 40, 41, 47)
- For the specified Road No.26, Najafgarh drain, Mangolpuri and Krishna Park sites, DMRC was to apply through the Chief Conservator and Nodal Officer. Recommendations were to be forwarded within one month of receipt, and the Union Ministry was to decide and communicate its decision within three months after receiving the applications. (¶¶ 47(i), 47(ii), 47(iii))
- For the South Central and morphological Ridge corridor, DMRC had to apply to the Ridge Management Board, whose recommendations were to be forwarded within one month. The Ministry was to consider the application within three months after receipt with the relevant recommendations. Other Board conditions, earlier Court orders and the statutory guidelines remained applicable. (¶¶ 47(iv), 47(v), 47(vi), 47(vii), 47(viii))
- Separately from clearance decisions and consideration of the CEC reports, GNCTD and DMRC had to conceive a tree-planting, nurturing and protection plan involving interested citizens and institutions. The plan was to be placed before the Court within twelve weeks, applying precaution and sustainable development through public participation. (¶¶ 32, 33, 47(ix))
Result
Interlocutory applications disposed of with directions for statutory and Ridge clearance applications, time-bound recommendations and decisions, and submission of a tree-planting action plan within twelve weeks.