The Ministry of Environment, Forest and Climate Change, in an affidavit filed before the court, submitted that the rising denser forest areas signifies an “increase in the capacity of forests to sequester carbon and mitigate environmental pollution”.

The affidavit was filed before a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, which listed the matter for further hearing on July 13 while granting time to the amicus curiae to file his response to the affidavit.

The high court was hearing a batch of PILs on the problem of poor ambient air quality in Delhi, an issue which it has also taken up suo motu and in which it has also appointed an amicus curiae.

The affidavit was filed in pursuance to the court's earlier direction asking the Centre, Delhi government, Forest Department and Municipal Corporation of Delhi (MCD) to explain how did a multi-storeyed building, in ridge area, got permission for construction of flats.

The Centre, in its affidavit filed through Central government standing counsel Ajay Digpaul, said the day-to-day management of sanctuaries and national parks is the responsibility of states and Union territories.

It said the Union ministry provides technical and financial support to the states and Union territories and as per the relevant provisions of the Wild Life (Protection) Act,1972, the Chief Wild Life Warden of the state or Union territory is the authority to control, manage and maintain all sanctuaries and national parks.

"It may also be noted that in case of any encroachments in the sanctuaries and national parks, the powers to remove such encroachments are vested with States / Union Territories under Section 34A of the Wild Life (Protection) Act, 1972," the affidavit said.

It said the comparative areas of (Forest Cover and Tree Cover) Delhi reported from 2001 to 2021 has shown continuous increase in the forest cover and tree cover as reported between India State Forest Report (ISFR) 200I to ISFR 2021.

The Centre said as per ISFR 2021 published by Forest Survey of India, the Green Cover (forest and tree cover) of Delhi shows a manifold increase from 151 sq km in 2001 to 342 sq km in 2021, which depicts gradual improvement in percentage share of the geographical area of the state from 10.2 per cent in 2001 to 23.06 per cent in 2021.

“The ISFR 2021 further reveals that 'Very dense forest' cover has remained constant and 'Medium dense forest' cover in Delhi has increased over the past two years. This shift towards increase in denser forest areas is a welcome sign as it signifies an increase in the capacity of forests to sequester carbon and mitigate environmental pollution,” the affidavit said.

It added that large scale plantation programme has been taken up in Delhi in the last 3-4 years with the help of 20 greening agencies. It said prior approval of the central government under section 2 of the Forest (conservation) Act, 1980 is mandatory for carrying out any non-forestry activity on forest land and that 'Land' is a subject matter of the state government.

“The forest areas and the legal boundaries thereof are determined and maintained by the concerned state government. That being the repository of land records, the state government has the primary responsibility to determine status of any parcel of land giving due regards to the Gazette notifications, provisions under the State and Central Acts and concerned judgments and directions passed by the Supreme Court,” the Centre said.

The high court had in February observed that the national capital was losing its forest cover “drastically” and “injustice” was being done to the nature. It had asked Additional Solicitor General (ASG) Aishwarya Bhati to personally look into the matter and asked her about the status of a pending case before the Supreme Court with identical issues, including depletion of green cover. Amicus Curiae and senior advocate Kailash Vasudev, had apprised the court of an advertisement of selling of flats in Chattarpur area in South Delhi.

“It is on the ridge area, you cannot build it as there is a prohibition. Somewhere some answer is needed, I can’t say more. I think the court should issue notice to the MCD to explain this. Ask for an affidavit from the MCD commissioner to answer what is there,” he had said, adding that the advertisement was being distributed to everyone freely.

He had also showed certain photographs to the court to highlight the loss of forest cover especially in the areas around Asola sanctuary, airport and the President’s house. While giving his suggestions to increase the forest cover in the city, Vasudev had said the government should clean the identified areas where encroachments have been done in ridge area.