Supreme Court orders constitution of Delhi Ridge Management Board to act as single-window body on Delhi Ridge issues

The Supreme Court on Tuesday ordered the constitution of a statutory Delhi Ridge Management Board (DRMB) under Section 3(3) of the Environment (Protection) Act to act as the single-window authority for all matters/ issues concerning the Delhi Ridge and the Morphological Ridge [In Re: Delhi Ridge].

A Bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran held that the ridge, described as the 'green lungs of Delhi', cannot be protected without a clear legal framework.

The Court recorded that only 1.33 percent of the ridge stands notified as a Reserved Forest despite repeated directions over three decades.

“It cannot be gainsaid that 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,” the Bench observed.

The Court noted the multiplicity of authorities currently monitoring the ridge, including committees set up by the Supreme Court, Delhi High Court and the National Green Tribunal, which had led to overlap and conflicting orders.

To streamline the process, it directed the Union Environment Ministry to create a single statutory DRMB with representatives from the Central Empowered Committee (CEC), Delhi government, DDA police and municipal bodies.

“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: Chief Secretary, GNCT of Delhi, Chairman… Representative of Central Empowered Committee (CEC), Member,” the Court said.

It also mandated a Standing Committee chaired by the CEC representative to handle day-to-day functioning. It clarified that all authorities in the National Capital Territory must act in aid of the discharge of duties of the Board.

The Court directed that the DRMB 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.

It further required the Board to file reports every six months before the Supreme Court and to operate transparently through public notices and publication of reports on its website.

The Court passed the decision while rejecting the Environment Ministry’s opposition to giving statutory backing to DRMB.

A statutory framework would ensure accountability, transparency, and oversight through judicial review before the NGT and constitutional courts, the Bench added.

It held that conferring statutory status on the DRMB would not only clarify its mandate but also bring it within the framework of judicial scrutiny.

It explained that once constituted under Section 3(3) of the Environment (Protection) Act, the Board’s decisions would be open to challenge before the National Green Tribunal under Section 14 of the NGT Act and to further challenge by way of appeal before the Supreme Court under Section 22.

The Court underlined that such a framework would “ensure accountability, transparency, and oversight” and subject the DRMB to the same legal discipline applicable to other statutory authorities functioning under environmental law.

The Bench further held that statutory recognition would make the DRMB answerable under laws such as the Right to Information Act, 2005, and would require it to publish its reports, rules, and proceedings on its website, ensuring accessibility and public participation in decision-making.

The following key directions were issued by the Court:

- MoEF&CC to notify DRMB under Section 3(3) of the Environment (Protection) Act with 13 members, including representatives from the Delhi government, DDA, MoEF&CC, MoHUA, police, MCD, NDMC, CPWD, NGOs and the CEC.

- The DRMB to function as the single-window authority for Delhi Ridge and Morphological Ridge.

- The Board to remove all encroachments and complete identification of the Morphological Ridge as directed in February 2023.

- The Board to ensure scientific management, afforestation and ecological restoration of the Ridge.

- The DRMB to submit status reports every six months to the Supreme Court and maintain transparency through public consultation and publication of reports.

- The CEC representative to report every three months to the Supreme Court on proper functioning of the DRMB and its Standing Committee.

The Bench placed on record its appreciation for Additional Solicitor General Aishwarya Bhati appearing for Centre and Senior Advocate K Parameshwar who assisted the court as Amicus Curiae, along with advocates Mukunda, Kanti, Shreenivas Patil and Raji Gururaj.

[Read Judgment]