Case Note & Summary
The Supreme Court, in its original jurisdiction, considered multiple interlocutory applications (IAs) filed in the long-pending writ petition concerning forest conservation. The Delhi Metro Rail Corporation (DMRC) sought permissions for constructing Phase-IV of the Delhi Mass Rapid Transit System Project, specifically corridors including the Aerocity-Tughlakabad alignment and other stretches in Delhi. DMRC filed IA No.169030/2019 requesting referral to the Central Empowered Committee (CEC) for examination of the metro alignment on the South Central/Morphological Ridge and permission to carry out construction under supervision. In IA No.105674/2020, DMRC sought a declaration that certain lands were non-forest areas, thereby obviating the need for forest clearance under the Forest (Conservation) Act, 1980, and permission to proceed with construction. The Government of NCT of Delhi (GNCTD) filed IA No.144462/2021 to submit additional documents, including reports and minutes from the Ridge Management Board, detailing the proposal's impact on forest land and tree felling. Intervenors, including Dr. PC Prasad and Aditya N. Prasad, filed IAs Nos.142873/2021 and 142876/2021, objecting to DMRC's applications and the CEC Report No.8/2021. They argued that DMRC's applications were not maintainable as the court cannot grant declarations on forest status, and DMRC must follow the statutory scheme under the FC Act, 1980, including approaching the Ministry of Environment, Forest & Climate Change. They also contended that the proposed areas were deemed forests as per a 1997 affidavit, and raised concerns about non-compliance with the Delhi Preservation of Trees Act, 1994, Wildlife Protection Act, 1972, and pollution issues. The court heard arguments from the Solicitor General for Union of India and DMRC, counsel for GNCTD, and senior counsel for the intervenors. After perusing the material, including the CEC report and objections, the court did not grant the declarations sought by DMRC. Instead, it referred the matter to the CEC for detailed consideration and examination of the proposals, particularly regarding the forest land and alignment issues. The court's order focused on ensuring proper scrutiny through the CEC without immediately permitting construction, thereby upholding the need for adherence to environmental laws and procedures.
Headnote
A) Environmental Law - Forest Conservation - Statutory Clearance Procedures - Forest (Conservation) Act, 1980, Sections 2 - DMRC sought declaration that certain lands were non-forest areas to bypass FC Act clearance for Phase-IV metro construction - Objectors argued DMRC must follow statutory scheme including approaching MoEF&CC and obtaining State Government order under Section 2 - Court noted objections and directed referral to CEC for examination without granting declaration (Paras 8-12). B) Environmental Law - Forest Land Diversion - Deemed Forest Areas - Forest (Conservation) Act, 1980 - Objectors contended proposed construction areas were identified as deemed forests in 1997 affidavit by Conservator of Forest, GNCTD - DMRC's application sought declaration that lands were non-forest to avoid FC Act requirements - Court did not decide on forest status but referred matter to CEC for detailed consideration (Paras 9-10). C) Environmental Law - Project Approval - Referral to Central Empowered Committee - Forest (Conservation) Act, 1980 - DMRC filed IA seeking referral to CEC for examination of metro alignment proposal on South Central/Morphological Ridge - Court heard arguments and perused material including CEC Report No.8/2021 and objections - Directed referral to CEC for supervision and consideration without immediate permission for construction (Paras 2-7). D) Environmental Law - Tree Felling and Pollution - Compliance with Local Laws - Delhi Preservation of Trees Act, 1994, Wildlife Protection Act, 1972 - Objectors raised concerns about tree felling, pollution in Najafgarh drain basin, and wildlife protection - Argued construction cannot proceed without critical study under DPT Act and consideration of ambient air quality - Court noted objections in referral to CEC without specific rulings on these acts (Paras 13-14). E) Procedural Law - Intervention and Impleadment - Supreme Court Original Jurisdiction - Applicants sought intervention/impleadment as party respondents to object to DMRC's applications and CEC Report - Court heard counsel for intervenors and considered their objections in the referral process - No specific order on impleadment mentioned in provided text (Paras 7-8).
Issue of Consideration
Whether the Delhi Metro Rail Corporation's applications for construction of Phase-IV metro corridors on alleged forest land should be allowed without following statutory forest clearance procedures under the Forest (Conservation) Act, 1980, and whether the areas in question are non-forest areas.
Final Decision
The court referred the matter to the Central Empowered Committee for detailed consideration and examination of DMRC's proposals for metro construction on forest land, without granting the declarations sought by DMRC or immediately permitting construction.
Law Points
- Forest (Conservation) Act
- 1980
- Forest (Conservation) Rules
- 2003
- Delhi Preservation of Trees Act
- 1994
- Wildlife Protection Act
- 1972
- National Green Tribunal Act
- 2010
- Guidelines for forest land diversion
- Deemed forest areas
- Statutory clearance procedures
