Kiran Raj

The Supreme Court Division Bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran on Tuesday (November 11) delivered a crucial judgment amid worsening air pollution in the National Capital, focusing on the protection of the ‘Delhi Ridge’—a vital ecological zone forming part of the Aravali range. Observing that little progress had been made in safeguarding the Ridge despite three decades of judicial oversight, the Court directed the Ministry of Environment, Forest and Climate Change to reconstitute the Delhi Ridge Management Board as a statutory authority under Section 3(3) of the Environment (Protection) Act, 1986.

The matter concerned the continuing degradation and inadequate protection of the Delhi Ridge, a vital ecological zone forming part of the Aravali range within the National Capital Territory of Delhi. The issue was originally taken up in public interest to ensure conservation and restoration of the Ridge, which functions as a natural barrier against desertification and a key environmental buffer for Delhi. Reports submitted before the Court revealed that only a small portion of the Ridge had been notified as Reserved Forest under the Indian Forest Act, 1927, leaving large areas unprotected and vulnerable to encroachments, construction, and diversion for non-forest use. The Central Empowered Committee (CEC) and other oversight bodies appointed by the Court and the National Green Tribunal highlighted the absence of coordinated action between multiple authorities, including the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the Government of NCT of Delhi.

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The Ministry and the Delhi Government admitted delays in completing the notification and demarcation process. The Court also examined the concept of the “Morphological Ridge,” referring to areas possessing similar ecological and geological features to the Delhi Ridge, which had not been formally recognized. Statutory provisions considered included the Environment (Protection) Act, 1986, the Forest Act, 1927, the National Green Tribunal Act, 2010, and the Wildlife (Protection) Act, 1972.

The Court observed: “The effect of non-notification of Ridge as Reserve Forest deprives the said area of any protection. We are, therefore, of the view that without proper statutory protection, it would not be possible to properly preserve the integrity of the Ridge. We find that the GNCTD has not acted with swiftness in protecting the Ridge. Though this court observed as early as in May, 1996 that the Government has not taken proper steps for conservation of the Ridge, not much has been done even after a lapse of almost three decades therefrom.”

It stated: “The entire purpose of the ecological conservation of the Ridge is futile if illegal constructions are coming up throughout the area and the very purpose of the order dated 29th September 1995 passed by this court in M.C. Mehta (supra) regarding creation of the DRMB would be frustrated if no steps are taken to contain such rampant encroachments.” The Bench recorded: “However, there does not appear to be any active steps taken by GNCTD towards securing the Ridge to preserve its sanctity.”

The Court noted: “The Morphological Ridge is an equally important portion which requires preservation. The stand taken by the DDA in the DRI matter that the Morphological Ridge has no legal backing, requires to be seriously addressed by the Committee appointed by this court by order dated 8th February 2023 in T.N. Godavarman (supra). Though a preliminary report was submitted, the Committee is yet to submit its final report.” It further stated: “We are, however, of the view that without proper identification or preservation of the Ridge, the integrity of the entire ecology would be compromised. The Ridge acts as the green lungs of the city, especially in the present conditions of increased pollution. We, therefore, find that the DRMB needs to actively work towards protecting and preserving the Delhi Ridge after its due identification.”

The Court recorded: “Though there have been a number of notifications for the constitution of the DRMB, none of them trace their authority to the Environment (Protection) Act, 1986 or any other statute. As such, the constitution of the DRMB is only pursuant to the orders passed by this court and without any statutory backing.” It stated: “We are, however, of the considered view that without a statutory backing, it will not be possible for the Board to function effectively.”

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The Bench observed: “A statutory backing will firstly ensure that the fundamental principles of administration would directly apply to the Board. Secondly, a statutory authority working under Section 3(3) of the EP Act would be subject to the jurisdiction of the NGT under Section 14 of the NGT Act, 2010. Thirdly, the accountability and transparency required of a statutory body, such as publication of reports on websites, being subject to the RTI Act etc., would be ensured by the Board being an Authority under Section 3(3) of the EP Act.”

It stated: “Like the CEC, if the DRMB is also given a statutory status, it will be in a position to function effectively and also be accountable and answerable.” The Court recorded: “We do not find any substance in the said submission of MoEF&CC. The very purpose of the earlier orders passed by this court and the present judgment is to avoid having multiple authorities considering the issue with regard to the Delhi Ridge. We, therefore, propose to direct the DRMB to be a single-window authority insofar as issues concerning Delhi Ridge are concerned.”

The Court directed: “The DRMB’s reconstitution, where the functioning of the DRMB would be as under:

a) The Board shall act as a single-window authority insofar as the Delhi Ridge and the Morphological Ridge is concerned;

b) The Board must ensure the preservation of the Delhi Ridge and Morphological Ridge in its pristine glory by removing all encroachments and taking all necessary steps to improve the Ridge;

c) The Board must remove all encroachments in the Delhi Ridge as well as the Morphological Ridge;

d) The Board must duly ensure that the identification process of the Morphological Ridge is complete as per order dated 8th February, 2023 in T.N. Godavarman (supra) and report its compliance, along with comments, if any, to this court;

e) The Board must ensure the protection, scientific management, ecological restoration of the Ridge and the Morphological Ridge including afforestation and habitat conservation;

f) The Board must submit periodic Reports every six months to this court regarding the status of the Ridge and the Morphological Ridge and the compliance of the directions of this court;

g) The Board must act fairly and transparently in discharge of its functions – this would include having a website, provide public notices for hearings in advance, public consultation, and uploading of reports on the website as soon as they are placed before this court or any other Authority; and

h) All authorities in the territory of the NCT of Delhi must act in aid of the discharge of duties of the Board.”

“We direct the MoEF&CC to constitute the DRMB by issuing notification under Section 3(3) of the EP Act with the membership as under:”

1. Chief Secretary, GNCT of Delhi, Chairman;

2. Vice-Chairman, Delhi Development Authority, Member;

3. Representative of the Director General of Forests & Special Secretary, MoEF&CC, Government of India, not below the rank of Inspector General of Forests, Member;

4. Representative of the Ministry of Housing and Urban Affairs, Government of India (not below the rank of Joint Secretary), Member;

5. Commissioner, Municipal Corporation of Delhi, Member;

6. Chairman, New Delhi Municipal Council, Member;

7. Director General, Central Public Works Department, Government of India, Member;

8. Representative of the Commissioner of Police, Delhi (not below the rank of Joint Commissioner), Member;

9. Principal Secretary/Secretary (Environment & Forests), GNCTD, Member;

10. Principal Secretary/Secretary (Land Revenue), GNCTD, Member;

11. Two representatives from NGOs and Civil Societies (to be nominated by GNCT of Delhi), Member;

12. Principal Chief Conservator of Forests, GNCTD, Member-Secretary; and

13. Representative of the Central Empowered Committee (CEC), Member.

“The DRMB on its constitution would constitute a Standing Committee as under:”

1. Member of the CEC, Chairperson;

2. Principal Chief Conservator of Forests, GNCTD;

3. Two Representatives from NGOs and Civil Societies who are already part of the DRMB;

4. Nominee of the Chief Secretary, GNCTD; and

5. Nominee of the Delhi Development Authority. The nominees to be appointed by the Chief Secretary, GNCTD and DDA must be experts in the field of conservation.

The Court recorded: “We are also of the considered view that taking into consideration the constitution of the DRMB, it would not be possible for it to regularly function on a day-to-day basis. It will, therefore, be appropriate that the DRMB constitutes a Standing Committee which can look after the day-to-day affairs of the Board. We, however, find that the Standing Committee must consist of experts and technicians who have worked in the field of conservation. We further find that for the purpose of preservation and protection of Delhi Ridge, it is necessary that the Standing Committee should meet regularly.”

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“The core functions of the DRMB must be directed towards conservation of the existing Ridge Forests and removal of existing encroachments from the Ridge. The very purpose of the DRMB is to preserve the integrity of the Ridge, as a morphological and ecological feature. Therefore, the DRMB should focus on preservation of existing Ridge forests and further improving the areas through scientific conservation measures. The DRMB should also ensure that fragmentation of Ridge Forests is prevented.”

“The Member of the CEC who will officially act as the representative to the DRMB is directed to report to this court every three months on proper functioning of the DRMB and the Standing Committee.”

“The Court also appreciated the valuable assistance provided by Ms. Aishwarya Bhati, Additional Solicitor General of India and Mr. K. Parameshwar, Amicus Curiae, ably assisted by Advocates Mr. Mukunda, Ms. Kanti, Mr. Shreenivas Patil and Ms. Raji Gururaj.”

Case Title: In Re: Delhi Ridge
Neutral Citation: 2025 INSC 1306
Case Number: Writ Petition (C) No. 202 of 1995
Bench: Chief Justice B.R. Gavai and Justice K. Vinod Chandran