Declare unencroached forest land as reserved: Delhi HC to Chief Secy

The Delhi High Court Wednesday warned the city government’s chief secretary of contempt action if he did not designate unencroached forest areas in the national capital as “reserved forest” within two weeks.

Justice Jasmeet Singh said the official was liable for contempt of court for not following a 2021 National Green Tribunal (NGT) order directing the Delhi government through the chief secretary to ensure that requisite notification under Section 20 (Notification declaring forest reserved) of the Indian Forest Act is issued in three months in relation to forest land having “no controversy”.

“Even till date, the said notification has not been issued. I am of the view that the Chief Secretary is in contempt of the order dated January 15, 2021 of NGT and is liable to be proceeded against under the Contempt of Court Act,” the judge said.

“In case notification under section 20 is not issued within 2 weeks, Chief Secretary shall be liable for contempt of court and notice of contempt shall be framed,” he said.

The court added the official shall appear virtually before it for framing of contempt notice if the notification with respect to declaration of reserved forest is not issued.

The court also expressed its displeasure over the monthly meetings of an oversight committee not being held as per the NGT order to deal with the issue of encroachment in the ridge area.

The court made the chief secretary as well as the director general of forests parties to the proceedings which concern removal of encroachment from the ridge, asserting that the administration cannot claim helplessness.

Advocate Aditya N Prasad, the amicus curiae assisting the court, recalled that the NGT had said the ridge in Delhi has historical and environmental significance and demanded urgent action to protect it by taking necessary steps to finalise the notification under section 20 of the Indian Forest Act.

The NGT had also ordered constitution of an Oversight Committee under the DG (Forest) of the Government of India to oversee the progress with regard to removal of encroachments from the ridge, he added.