Legal Review and Analysis of TN Godavarman Thirumulpad vs Union of India & Others 2025 INSC 1306
In-Short
Case: T.N. Godavarman Thirumulpad vs Union of India & Others (2025 INSC 1306): A landmark Supreme Court judgment that mandates the statutory creation of a single-window authority under the Environment (Protection) Act, 1986, for the consolidated protection, encroachment removal, and ecological restoration of the Delhi Ridge and its morphological extensions.
1. Name and Citation of the Judgment
T.N. Godavarman Thirumulpad vs Union of India & Others
IN RE: DELHI RIDGE
I.A. No. 117204 of 2024 in Writ Petition (C) No. 202 of 1995
Supreme Court of India
Decided on: November 11, 2025
Citation: 2025 INSC 1306
2. Related Laws and Statutes
The judgment extensively references and relies upon the following statutes:
The Environment (Protection) Act, 1986 (EP Act): Section 3(3) is central to the judgment, as the Court directs the statutory constitution of the Delhi Ridge Management Board (DRMB) under this provision.
The Indian Forest Act, 1927 (Forest Act): Sections 4, 6, and particularly Section 20, concerning the declaration and notification of Reserved Forests.
The Delhi Land Reforms Act, 1954: Section 154, concerning vesting of land in Gaon Sabhas.
The National Green Tribunal Act, 2010 (NGT Act): Sections 14 and 22, regarding the NGT's jurisdiction and appeals to the Supreme Court.
The Wildlife (Protection) Act, 1972 (WP Act): Sections 5A and 5B, cited as a precedent for the constitution of a Standing Committee for a high-level board.
The Constitution of India: Articles 226 and 227, affirming the High Courts' writ jurisdiction alongside the NGT's authority.
3. Basic Details of the Judgment
Court: Supreme Court of India
Bench: Chief Justice B.R. Gavai and Justice K. Vinod Chandran
Origin: Civil Original Jurisdiction; a consolidation of matters concerning the Delhi Ridge.
Key Participants: The Court was assisted by an Amicus Curiae, Shri K. Parameshwar, and heard arguments from the learned Additional Solicitor General, Ms. Aishwarya Bhati.
Core Subject: The ecological protection, management, and institutional oversight of the Delhi Ridge area, often termed the "Green Lungs" of Delhi.
4. Core Principles, Issues, and Judicial Analysis
This judgment addresses the systemic failure in protecting the Delhi Ridge and creates a robust, statutory framework for its future conservation.
A. The Pervasive Issues Identified by the Court
The Supreme Court identified several critical problems plaguing the conservation of the Delhi Ridge:
Regulatory Chaos and Multiple Authorities: The Court noted that numerous committees—constituted by the Supreme Court, the Delhi High Court, and the National Green Tribunal (e.g., an Oversight Committee, the CEC, various High-Powered Committees)—were operating simultaneously. This led to duplication of work, overlap of jurisdiction, and even conflicting orders, creating confusion and inefficiency. (Paragraphs 23-28)
Lack of Statutory Finality: Despite a preliminary notification in 1994 declaring 7,777 hectares as Reserved Forest under the Indian Forest Act, a final notification under Section 20 had been issued for only about 103.48 hectares over three decades. This left the vast majority of the Ridge without robust statutory protection. (Paragraphs 4, 7, 34)
Rampant Encroachments: Reports from the Central Empowered Committee (CEC) and other bodies highlighted that 5% of the Ridge was under encroachment. The Court found the Government of NCT of Delhi (GNCTD) had taken no active steps to remove these illegal constructions, frustrating the very purpose of preserving the Ridge. (Paragraphs 8, 36)
The "Morphological Ridge" Conundrum: Geological surveys identified areas outside the notified Ridge that possessed identical ecological and geomorphological features (the "Morphological Ridge"). While earlier court orders had mandated their protection, they lacked formal identification and legal sanctity, leading to disputes and attempted constructions by agencies like the DDA. (Paragraphs 11-14, 37)
A Non-Statutory and Ineffective Management Board: The Delhi Ridge Management Board (DRMB) was created in 1995 pursuant to a Supreme Court order but functioned without any statutory backing. This undermined its authority, accountability, and effectiveness. (Paragraph 20, 41)
B. The Supreme Court's Analysis and Directions
The Court undertook a comprehensive analysis to address these issues holistically, culminating in specific, binding directions.
i. Consolidation of Authority and Grant of Statutory Backing
The core of the judgment is the consolidation of all powers and responsibilities into a single, statutorily empowered body.
Rationale for a Single-Window Authority: The Court explicitly stated its intent to avoid multiple authorities and create a "single-window authority" for all Ridge-related issues. (Paragraph 47)
Statutory Empowerment under the EP Act: Criticizing the ad-hoc nature of the existing DRMB, the Court directed the MoEF&CC to issue a notification constituting the DRMB under Section 3(3) of the Environment (Protection) Act, 1986. (Paragraph 41, 57(i))
Benefits of Statutory Status: The Court held that statutory status would:
Ensure the application of fundamental principles of administration.
Make the DRMB subject to the jurisdiction of the NGT and High Courts, ensuring judicial scrutiny and accountability.
Mandate transparency, such as being subject to the RTI Act and requiring publication of reports. (Paragraphs 42-46)
ii. Reconstitution and Strengthening of the DRMB
The Court provided a specific composition for the new DRMB to ensure it is high-powered and inclusive. The membership includes the Chief Secretary of Delhi (Chairman), senior officials from central and Delhi governments, police, urban bodies, and crucially, two NGO representatives and a representative of the Central Empowered Committee (CEC). (Paragraph 57(i))
iii. Creation of a Standing Committee for Day-to-Day Management
Acknowledging that a board comprising senior officials cannot meet frequently, the Court directed the constitution of a Standing Committee. This committee, to be chaired by a member of the CEC and including experts in conservation, will handle the day-to-day affairs of the Ridge, mirroring the structure of the National Board for Wildlife. (Paragraphs 50-52, 57(ii))
iv. Clarification of the DRMB's Core Functions
The judgment delineates the core functions of the DRMB, which are:
To act as the single-window authority for the Delhi Ridge and the Morphological Ridge.
To remove all encroachments from both the notified and morphological Ridge areas.
To ensure the identification, protection, and scientific ecological restoration of the Ridge, including afforestation.
To complete the identification process of the Morphological Ridge as per earlier orders and report to the Court.
To operate with fairness and transparency, including maintaining a website, public consultations, and uploading reports.
To submit periodic reports every six months to the Supreme Court on the status of compliance. (Paragraphs 53-57(iii))
5. Final Outcome and Directions
The Supreme Court allowed the application and issued definitive directions to secure the future of the Delhi Ridge. The key mandates are:
The MoEF&CC must constitute the DRMB as a statutory authority under Section 3(3) of the EP Act with the specified 13-member composition.
This newly constituted DRMB must form a Standing Committee of experts, chaired by a CEC member, for daily operations.
The DRMB is declared the single-window authority for all matters concerning the Delhi Ridge and the Morphological Ridge.
The DRMB is tasked with the immediate removal of encroachments, the final identification of the Morphological Ridge, and the scientific restoration of the entire Ridge ecosystem.
The DRMB must function transparently and submit biannual reports to the Supreme Court, with the CEC representative providing additional quarterly reports on the Board's functioning.
6. MCQs on the Judgment
Question 1: Under which specific statutory provision did the Supreme Court direct the Ministry of Environment, Forest and Climate Change (MoEF&CC) to constitute the Delhi Ridge Management Board (DRMB)?
a) Section 20 of the Indian Forest Act, 1927
b) Section 5A of the Wildlife (Protection) Act, 1972
c) Section 3(3) of the Environment (Protection) Act, 1986
d) Section 14 of the National Green Tribunal Act, 2010
Question 2: According to the Supreme Court's judgment in T.N. Godavarman Thirumulpad vs UOI (2025 INSC 1306), what is one of the primary reasons for granting statutory status to the Delhi Ridge Management Board (DRMB)?
a) To exempt the DRMB from the jurisdiction of the National Green Tribunal.
b) To ensure its orders are not subject to judicial review by the High Courts.
c) To enhance its accountability, transparency, and functional effectiveness.
d) To allow it to override the directives of the Central Empowered Committee (CEC).
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