Pollution Level Is At All-Time High: Delhi High Court Refuses To Stay Eviction In Yamuna Floodplain

The Delhi High Court has refused to stay an eviction notice issued to the residents of an unauthorised colony located in the Yamuna floodplain.

The Court said that the level of pollution in Yamuna River is at an all-time high. It was dealing with the applications filed by the aforesaid residents who sought a stay on the eviction notices issued on September 27 this year.

A Division Bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela observed, "Moreover, even if it is assumed that Shram Vihar Colony is situated outside the flood plains, yet it falls within zone ‘O’, which is an ecologically fragile zone and is being primarily used for horticulture and has a wealth of flora and fauna."

The Bench emphasised that that zone ‘O’ has been conceived for rejuvenation of River Yamuna and eco-friendly development in line with the river and its morphology. 

Advocate Prabhsahay Kaur appeared on behalf of the Delhi Development Authority (DDA).

The Court further referred to a news report based on a finding of the Delhi Pollution Control Committee which pointed out that the faecal coliform levels were 1,959 times the permissible limit and 9,800 times the desired limit where the river exits the city. The said report also mentioned that the faecal level was at an all-time high in September 2024, with untreated sewage flowing into the river from nearby unauthorised colonies being one of the main reasons.

“This court takes judicial notice of the fact that the pollution in river Yamuna is at an all-time high.”, said the Court.

The counsel for the residents contended that the colony did not fall within the floodplain of Yamuna River while relying on the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies), Regulations, 2019. It was further submitted that the colony was situated on a private land. As per the counsel for DDA, Shram Vihar was not included in the list of 1,731 unauthorised colonies recognised by the Delhi Government and was not due for recognition in future.

The Court noted that though the applicants claimed the colony to be on private land, they had neither brought on record any sanctioned plan nor any completion certificate post-construction.

“It is a settled law that even owners of a private land have to take permission from the statutory authority before carrying out any construction and if that is not done, the construction is liable to be demolished”, it said. 

Accordingly, the High Court dismissed the applications, saying the occupants over there were not entitled to any stay on the eviction notices.

With PTI Inputs