10-05-2025
Housing project at morphological ridge: SC showcauses Delhi govt officials, MCD chief & builder over ‘violations'
The Supreme Court has issued show cause notices to senior Delhi government officials, the Municipal Corporation of Delhi (MCD) commissioner, and a private developer, seeking explanations for alleged violations of its 1996 directive under the M C Mehta vs Union of India case and going ahead with construction of a housing society in the 'morphological ridge' area, an ecologically sensitive zone, in Vasant Kunj.
The 1996 directive has held that ridge land must be safeguarded against encroachment and non-forest use without prior court approval.
A bench comprising Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh, in an order dated May 7, directed that notices be issued to Delhi Principal Secretary (Environment and Forests) Anil Kumar Singh, Deputy Conservator of Forests (West) Amit Gemawat and MCD Commissioner Ashwani Kumar.
Notices were also issued to Rakesh Sharma and Sunita Sharma, partners in RR Texknit LLP, which is building the housing project at Vasant Kunj's morphological ridge area.
The action stems from a contempt petition filed by environmental activist Bhavreen Kandhari, who had challenged the permissions granted to the housing project being developed by RR Texknit LLP.
The Indian Express had reported on March 25 that the project – touted as the first private housing scheme in the fragile morphological ridge area to receive a conditional environmental clearance without approval from the SC – would come up on an area of 25,650 sq m, and include three basements, a stilt, and nine floors.
The development had sparked protests from environmentalists and local residents, who argued that it violated longstanding SC orders mandating preservation of the ridge in its 'pristine glory'.
The case pertains to the protection of Delhi's ridge, an important green area that acts as the city's lung and a key part of the Aravalli Range.
Though not entirely notified under the Indian Forest Act, 1927, the SC, in multiple orders, including the landmark 1996 directive, had held that ridge land must be safeguarded against encroachment and non-forest use without prior court approval.
In 2016, the SC had held that even land outside the notified ridge area but with similar morphological features requires clearance from the Ridge Management Board and prior permission from the court for non-forest use.
The contempt petition alleged that the authorities were not only aware of these restrictions but actively facilitated the project. It cited failure to act on illegal tree felling, and contradictory status reports filed on part of the Forest Department.
'Counter affidavit shall be filed by the respondents within a period of two weeks…,' read Wednesday's order.
In the order, however, the SC had deferred serving show cause notice to Mandeep Mittal and Vipul Pandey, both former deputy conservators of forests (West), and Gyanesh Bharti, former MCD commissioner, noting that they had since been transferred.
However, leaving open the possibility of issuing notices to them at a later stage, the SC said, 'If need be, notice will be issued to them at an appropriate stage.'
