The Delhi High Court has ordered demolition of a road viz., ‘W-12D Link Road’, which connects Indira Enclave, Neb Sarai to Sainik Farm and Mehrauli – Badarpur Road..The order was passed by a Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar in a writ petition and a civil suit concerning the same issue..The Court held that the land in the concerned Khasra Nos. 487,490,491,649,650,652 Village Neb Sarai on which the said road was made was forest land and non-forest usage was violative of specific orders passed by the Supreme Court in MC Mehta’s case, the orders of the National Green Tribunal in Pavit Singh’s case, previous orders of the Delhi High Court as well as the Forest (Conservation) Act, 1980 itself..The Court also turned down the submission of the Indira Colony residents that the usage of road was in the nature of an easement on the ground that the construction of the road was in 2013 and that it had not been in use for the statutorily prescribed period of 30 years to qualify as an easementary right..“Even if the appellants could have claimed a right of easement in respect of the subject road, they have thus not had access to the said road as a right of way for the requisite period of even 20 years, let alone 30 years, for the simple reason that the road itself has not existed for these many years. Clearly the reliance on Section 15 of the Indian Easements Act, 1882 is misconceived and has to be rejected”.The Court then went on to state that citizens’ attempt to mindlessly transgress on the environment for private utility and have still not been alive to the efforts made by courts to protect the environment..“Forests are indubitably a national asset. It is no secret that diminution thereof has adversely disbalanced ecology and induced a deleterious impact on the climate. We are compelled to comment on the manner in which an attempt has been made by citizens to mindlessly transgress on the environment for private utility.. The citizenry has still not been alive to the fact that courts have, in a series of decisions deprecated the practice of annihilating the environment.”.The Court also noted that the writ petitioner had placed photos of the forest, which showed presence of deer in the forest. The Court therefore, held that convenience of the encroachers in getting to their destination via a shorter route cannot be allowed to override environmental concerns..“In the present case as well, the writ petitioners have placed photographs on record which would show that the forest in question has wildlife habitation. The photographs of the forest and the road in question show the presence of deer. Looked at from any angle, the convenience of the encroachers in the forest and enabling a shorter passage to their destinations cannot be permitted to override concerns of the environment or those of the wildlife for whom this forest is the natural and only habitat. The road in question cannot be protected for this reason as well.”.Observing that the residents of Indira Enclave have means of access, other than the road in question, and the subject road has been developed through the forest only to avoid travelling a longer distance to reach the destination, the Court ordered removal of all encroachments and unauthorised constructions including the road..Read the judgment below.
The Delhi High Court has ordered demolition of a road viz., ‘W-12D Link Road’, which connects Indira Enclave, Neb Sarai to Sainik Farm and Mehrauli – Badarpur Road..The order was passed by a Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar in a writ petition and a civil suit concerning the same issue..The Court held that the land in the concerned Khasra Nos. 487,490,491,649,650,652 Village Neb Sarai on which the said road was made was forest land and non-forest usage was violative of specific orders passed by the Supreme Court in MC Mehta’s case, the orders of the National Green Tribunal in Pavit Singh’s case, previous orders of the Delhi High Court as well as the Forest (Conservation) Act, 1980 itself..The Court also turned down the submission of the Indira Colony residents that the usage of road was in the nature of an easement on the ground that the construction of the road was in 2013 and that it had not been in use for the statutorily prescribed period of 30 years to qualify as an easementary right..“Even if the appellants could have claimed a right of easement in respect of the subject road, they have thus not had access to the said road as a right of way for the requisite period of even 20 years, let alone 30 years, for the simple reason that the road itself has not existed for these many years. Clearly the reliance on Section 15 of the Indian Easements Act, 1882 is misconceived and has to be rejected”.The Court then went on to state that citizens’ attempt to mindlessly transgress on the environment for private utility and have still not been alive to the efforts made by courts to protect the environment..“Forests are indubitably a national asset. It is no secret that diminution thereof has adversely disbalanced ecology and induced a deleterious impact on the climate. We are compelled to comment on the manner in which an attempt has been made by citizens to mindlessly transgress on the environment for private utility.. The citizenry has still not been alive to the fact that courts have, in a series of decisions deprecated the practice of annihilating the environment.”.The Court also noted that the writ petitioner had placed photos of the forest, which showed presence of deer in the forest. The Court therefore, held that convenience of the encroachers in getting to their destination via a shorter route cannot be allowed to override environmental concerns..“In the present case as well, the writ petitioners have placed photographs on record which would show that the forest in question has wildlife habitation. The photographs of the forest and the road in question show the presence of deer. Looked at from any angle, the convenience of the encroachers in the forest and enabling a shorter passage to their destinations cannot be permitted to override concerns of the environment or those of the wildlife for whom this forest is the natural and only habitat. The road in question cannot be protected for this reason as well.”.Observing that the residents of Indira Enclave have means of access, other than the road in question, and the subject road has been developed through the forest only to avoid travelling a longer distance to reach the destination, the Court ordered removal of all encroachments and unauthorised constructions including the road..Read the judgment below.
