Summary:
New Delhi, Jul 31 (PTI) The Delhi High Court has granted time to the Centre and Deputy Conservator of Forest to file their status reports responding to a plea seeking direction to the authorities to ensure that there is no transmission of vehicles on the illegal road constructed within Rajokri protected forest here.
Justice Yashwant Varma granted time to the Ministry of Environment, Forest and Climate Change, Deputy Conservator of Forest (DCF), sub divisional magistrate (SDM) of Mehrauli and Commissioner of Police to comply with the court"s previous direction and file their status reports.
The court listed the petition for further hearing on August 18.
The counsel for a factory unit, running in the area, showed to the court various orders passed by the National Green Tribunal (NGT) to contend that similar complaints were made which have been examined, and the unit was found to be operating in compliance with the rules.
The plea filed by Mall Road, Vasant Kunj, Residents Welfare Association also sought direction to the authorities to take necessary steps to preserve the Rajokri protected forest by blocking the illegal road and other ancillary directions.
The petition, filed through advocate Simarpal Singh Sawhney, said since March 2021, there has been a continuous unauthorised movement of heavy commercial vehicles through an illegal road cutting through the Rajokri forest land for movement of heavy commercial vehicles from the forest to Church/Mall Road, Vasant Kunj in South Delhi and vice versa, causing serious traffic congestion issues.
It said it is also causing safety issues for the residents of Church Road, Green Avenue and neighbouring areas, safety hazard for students of nearby schools, and pollution and degradation of ecology and environment of Rajokri Reserved Forest.
“The illegal road has been constructed over the past few years with impunity and blatant disregard within the protected forest land of Rajokri for plying of heavy commercial vehicles for transportation of ready-mix concrete (RMC) leading to the factory of Respondent no 5 (NDCON Construction),” the plea alleged.
It said the Rajokri Forest, which is a protected forest land under the Indian Forests Act, comes under the purview of the prohibiting provisions and thus, Rajokri forest land cannot be used for any non-forest purpose.
“Consequently, the road which has been constructed within the Rajokri forest for plying of heavy vehicles to transport RMC is illegal and in contravention to the laws of the country,” it said.
The petition also referred to an earlier judgment passed by the Delhi High Court in which the issue of illegal roads constructed within the protected forest area has also been dealt with and in which it has been held that any illegal construction of road in the protected forest area to avoid travelling to a longer distance, is not permissible, and had directed the Delhi government to remove all encroachments and unauthorised construction, including illegal roads.
“The petitioner is also aggrieved by the order dated December 29, 2021 vide which it has been directed by the Respondent no.
3 (SDM, Mehrauli) that no hindrance be made to the smooth flow of the traffic/movement on the Church/Mall road and also passed ancillary directions regarding the same.
“The said order does not refer to the illegal road constructed in the Rajokri protected forest and rather conflates and confuses the illegal road with the legal Church road at Vasant Kunj, New Delhi.
The said order has been misinterpreted and misused by the Respondent no.
5 for transportation of RMC material through the illegal road constructed within the Rajokri forest land to save time and fuel costs, avoid the main highway and other malafide reasons,” it claimed.
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