1991 JTR(SC) 393
1992 Supp2 SCC 123
SUPREME COURT OF INDIA
M.H.Kania : P.B.Sawant
M.L.Sud
Versus
Union Of India
Case No. : 901 of 1989
Date of Decision : 8/13/91
The court emphasized the preservation of designated city forests by imposing strict restrictions on tree felling, construction, and vehicular access, ensuring environmental protection through undertakings and periodic monitoring by forest officials.
Act
Referred
:CONSTITUTION OF INDIA
: Art.32
(A) Environmental Law - Protection of City Forests - Preservation of green areas designated in master plans - Development authority undertakes not to fell trees except diseased ones with prior permission from the horticulture department (Para 3) - Construction restricted to sanitary facilities for visitors (Para 4) - Road construction limited to a single track not exceeding two meters in width in a specific shape, with no other roads permitted (Para 4) - Vehicular access prohibited except for bicycles used by children under 12 years of age (Para 4) - Obligation of development authority to demolish unauthorized private constructions (Para 4) - Requirement for central government permission for specific activities remains intact (Para 4) - Periodic monitoring by forest officials to ensure compliance (Para 4).
Facts of the case:
A writ petition was filed alleging that a development authority was denuding a city forest, designated as a green area in the master plan, by cutting trees and carrying out unauthorized construction and road laying.
Findings of Court:
The court accepted an undertaking from the development authority to preserve the forest, strictly limiting tree felling, construction, and vehicular access, while mandating periodic inspections by a forest official.
Issues: Whether the designated city forest area should be protected from denudation and unauthorized development.
Ratio Decidendi: To ensure the preservation of a city forest, the court imposed strict limitations on tree felling, construction, and vehicular movement, relying on an undertaking by the development authority and establishing a monitoring mechanism.
Result: Writ petition disposed of.
Facts of the case:
A writ petition was filed alleging that a development authority was denuding a city forest, designated as a green area in the master plan, by cutting trees and carrying out unauthorized construction and road laying.
Findings of Court:
The court accepted an undertaking from the development authority to preserve the forest, strictly limiting tree felling, construction, and vehicular access, while mandating periodic inspections by a forest official.
Issues: Whether the designated city forest area should be protected from denudation and unauthorized development.
Ratio Decidendi: To ensure the preservation of a city forest, the court imposed strict limitations on tree felling, construction, and vehicular movement, relying on an undertaking by the development authority and establishing a monitoring mechanism.
Result: Writ petition disposed of.
(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 dis- eased 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 Govern- ment 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.