Constitutional law — Environment — Delhi Ridge — Protection and management of ecologically vital areas — multiple committees/authorities with overlapping jurisdiction — need for unified, accountable statutory authority — held that Delhi Ridge requires statutory protection; MoEF&CC directed to constitute Delhi Ridge Management Board (DRMB) under Section 3(3) of the Environment (Protection) Act, 1986 as single-window authority for Ridge and Morphological Ridge; DRMB to remove encroachments, ensure scientific management, ecological restoration and periodic reporting. (Paras 1–7, 34–46, 57)

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

IN RE : DELHI RIDGE I.A. NO. 117204 OF 2024 (CEC REPORT No. 5 of 2024) in WRIT PETITION (C) NO. 202 OF 1995 and Issue regarding order dated 16th April 2025 passed in Writ Petition (c) No. 4677 of 1985

T. N. Godavarman Thirumulpad … Petitioner versus Union of India & Others … Respondents

J U D G M E N T B.R. GAVAI, CJI

NEW DELHI; NOVEMBER 11, 2025.

HEADNOTES 

1. Constitutional law — Environment — Delhi Ridge — Protection and management of ecologically vital areas — multiple committees/authorities with overlapping jurisdiction — need for unified, accountable statutory authority — held that Delhi Ridge requires statutory protection; MoEF&CC directed to constitute Delhi Ridge Management Board (DRMB) under Section 3(3) of the Environment (Protection) Act, 1986 as single-window authority for Ridge and Morphological Ridge; DRMB to remove encroachments, ensure scientific management, ecological restoration and periodic reporting. (Paras 1–7, 34–46, 57)

2. Forest law — Indian Forest Act, 1927 — Section 4/20 notifications — reserved forest status — non-publication of final notification deprives Ridge of statutory protection — GNCTD directed to expedite settlement of rights and demarcation; court records failure to act with swiftness and reiterates need for final notification. (Paras 4–7, 34)

3. Administrative law — Statutory backing and institutional design — DRMB hitherto functioning as ad hoc body under Court orders — lack of statutory basis undermines transparency, accountability and enforceability — Court directs constitution of DRMB as an authority under Section 3(3) EP Act to ensure accountability (RTI/NGT jurisdiction/publication of reports), prescribe membership and mandate. (Paras 15–20, 40–46)

4. Environmental jurisprudence — Morphological Ridge — areas having ridge-like geological/geomorphological features even if outside 'notified Ridge' must also be protected — prior High Court and Supreme Court precedents require clearance from DRMB/CEC before construction in morphological ridge; direction to identify Morphological Ridge as per earlier committee and report compliance. (Paras 11–14, 36–38, 57)

5. Remedies and reliefs — Directions: constitution of DRMB with specified membership; constitution of a Standing Committee (composition prescribed) for day-to-day functioning; DRMB to act as single-window authority; remove all encroachments; complete identification of Morphological Ridge; ensure restoration, conservation, public consultations, transparency and periodic reports to Court; CEC representative to report quarterly on DRMB functioning. (Paras 57–58)

FACTS OF THE CASE 

1. Background & Parties: Writ Petition (C) No. 202 of 1995 (In Re: Delhi Ridge) arises from long-standing concerns about protection of the Delhi Ridge — the tail end of the Aravali Range within the NCT of Delhi — raised in public interest litigation originally linked to M.C. Mehta matters. Petitioner: T.N. Godavarman Thirumulpad; Respondents include Union of India, GNCTD, DDA, and other authorities.

2. Identification of Ridge & Notifications: The Master Plan for Delhi (2001) (notified 1 Aug 1990) identified approximately 7,777–7,784 hectares across four Ridge zones (Northern, Central, South-Central/Mehrauli, Southern, plus Nanakpura). Preliminary notifications under Section 4 of the Indian Forest Act were issued in 1994 and 1996 but only 103.48 hectares have been finally notified under Section 20 to date.

3. Morphological Ridge: Geological Survey of India mapping identified additional "residual hills/ridges" with ridge-like morphology (the "Morphological Ridge"). Courts (Delhi High Court and this Court) previously held that such areas also deserve protection and that clearance from DRMB/CEC is required prior to construction.

4. DRMB & Other Committees: DRMB was constituted by Govt. Orders pursuant to Supreme Court direction (1995). Over the years multiple committees and bodies (DRMB, CEC, Oversight Committee of NGT, High-Powered Committee, committees appointed in 2023 etc.) have been involved, causing overlap, duplication and occasional conflicting directions.

5. Encroachments & Development Permissions: Reports (including CEC Report dated 8 May 2024) indicate encroachments (~5%), diversion (~4%), and only 1.33% notified under Section 20. This Court and other tribunals have on occasions permitted certain infrastructure projects in Ridge/Morphological Ridge after conditions, including deposits to DRMB, and subject to approvals.

6. Recent Proceedings: CEC Report No.5 (2024) and related filings prompted this Court to consider (a) issuance of final notification under Section 20; (b) removal of encroachments; and (c) identification of Morphological Ridge. The Court has also noted delays by GNCTD in settlement of rights/demarcation and directed MoEF&CC to propose a single uniform body.FINDINGS & HELD 

A. Preliminary Findings

1. The Delhi Ridge is of vital ecological significance and must be protected in "pristine glory"; the Master Plan and this Court's earlier orders emphasise this obligation. (Paras 1, 9–10)

2. Non-publication of final notification under Section 20 IFA leaves most of the Ridge without statutory protection; GNCTD has not acted with required swiftness. (Paras 4–7, 34)

3. The Morphological Ridge (areas with ridge-like geological features) must also be identified and protected; earlier judicial orders require clearance from DRMB/this Court before construction in such areas. (Paras 11–14, 36–38)

4. There is multiplicity of authorities (DRMB, CEC, NGT Oversight Committee, High-Powered Committees, etc.) leading to overlap and potential conflicting outcomes. (Paras 23–31)

B. On DRMB: Statutory Status & Reconstitution

5. The DRMB has functioned historically without statutory backing and only pursuant to Court orders/Government Orders. This lack of statutory status undermines accountability, transparency and enforceability. (Paras 15–20, 40–43)

6. The Court directs MoEF&CC to constitute the DRMB by issuing notification under Section 3(3) of the Environment (Protection) Act, 1986, thereby giving it statutory status and making it subject to environmental rule of law norms (publication, RTI, NGT jurisdiction etc.). (Para 57(i); Paras 41–46)

7. Composition of DRMB (as directed) — Chief Secretary, GNCTD (Chairman); Vice-Chairman DDA; Representative of DG Forests & Special Secretary MoEF&CC (IGF rank); Representative of MoHUA (JS rank); Commissioner MCD; Chairman NDMC; DG CPWD; Representative of Commissioner of Police (Joint Commissioner rank); Principal Secretary/Secretary (Environment & Forests), GNCTD; Principal Secretary/Secretary (Land Revenue), GNCTD; Two NGO/Civil Society representatives (nominated by GNCTD); PCCF, GNCTD (Member-Secretary); Representative of the CEC. (Para 57(i))

C. Standing Committee & Day-to-day Functioning

8. The DRMB shall constitute a Standing Committee whose Chairperson shall be a Member of the CEC and whose members shall include PCCF GNCTD, two NGO representatives (from DRMB), a nominee of Chief Secretary GNCTD and a nominee of DDA. The Standing Committee shall consist of experts and technicians and meet regularly to handle day-to-day affairs. (Para 57(ii); Paras 50–52)

D. Functions, Powers & Duties

9. The DRMB shall act as a single-window authority for Delhi Ridge and Morphological Ridge matters. (Para 57(iii)(a))

10. Principal functions: preservation and protection of Ridge and Morphological Ridge; removal of encroachments; identification of Morphological Ridge as per 8 Feb 2023 order and report compliance; scientific management, ecological restoration, afforestation, habitat conservation and prevention of fragmentation; public consultation and transparency (website, notices, uploading reports); periodic reporting to this Court. (Paras 54–56; Para 57(iii)(b)–(g))

11. Removal of encroachments and proactive steps to prevent further fragmentation are mandatory; DRMB must ensure encroachment removal and take remedial/restoration measures including valuation and recovery of damage where appropriate in line with this Court's environmental restoration jurisprudence. (Paras 35–36, 55–56)

12. The DRMB must submit periodic reports every six months to this Court on status and compliance. (Para 57(iii)(f))

13. The CEC representative to the DRMB shall report to this Court every three months on the proper functioning of the DRMB and the Standing Committee. (Para 57(iv))

E. Ancillary Observations

14. The Court recognises the utility of institutionalising bodies (reference to CEC statutory notification of 5 Sep 2023) and emphasises environmental rule of law features — clear composition, qualifications, tenure, funding, demarcated mandates, public availability of rules and transparent procedures. (Paras 43–46)

15. Objections by MoEF&CC regarding overlap are noted but rejected; statutory status is necessary to avoid multiplicity and ensure a single accountable authority. (Paras 47, 51–52)DIRECTIONS (extract of operative orders)

1. MoEF&CC to issue notification under Section 3(3) of the EP Act constituting DRMB with the membership and roles as specified in the judgment. (Para 57(i))

2. DRMB on constitution to constitute the Standing Committee with the composition specified; nominees to be experts in conservation. (Para 57(ii))

3. DRMB shall act as single-window authority for Ridge and Morphological Ridge matters and ensure preservation, removal of encroachments, identification of Morphological Ridge and report compliance. (Para 57(iii)(a)–(d))

4. DRMB to ensure scientific management, restoration, afforestation, habitat conservation and to submit periodic reports every six months to this Court. (Para 57(iii)(e)–(f))

5. DRMB to act fairly and transparently: maintain a website, publish public notices and upload reports; all NCT authorities to act in aid of DRMB. (Para 57(iii)(g)–(h))

6. CEC member to report to Court every three months on DRMB functioning. (Para 57(iv))