Delhi HC Orders Removal Of Encroachments & Illegal Construction Around Yamuna; Appoints VC Of DDA As Nodal Officer For Coordinated Action
|The Delhi High Court directed the Vice Chairman of the Delhi Development Authority to remove all encroachments and illegal construction on the Yamuna river bank, river bed and drains flowing into the river.
A writ petition was filed seeking directions to demolish the unauthorised construction carried out on Yamuna River Bank. The petitioner also sought directions to take steps to prevent illegal construction on the Yamuna River bank and floodplains in the near future.
A Division Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela observed, “This Court directs the Vice Chairman, DDA, to remove all encroachments and illegal construction on the Yamuna river bank, river bed and drains flowing into river Yamuna. He is also appointed as the Nodal Officer and shall coordinate with officials of MCD, Delhi Police, DMRC, Irrigation and Flood Control Department, PWD, Delhi Pollution Control Board and Forest Department.”
Advocate Sumit Kumar appeared for the petitioner, while CGSC Apoorv Kurup represented the respondents.
The petitioner stated that the illegal construction had been going on without any “permission or regard for the environmental concern.” It was argued that the impugned illegal construction was endangering the ‘ecologically fragile’ Yamuna floodplains.
It was also pointed out that the illegal and unauthorised construction was causing air pollution in the area and is further leading to respiratory problems due to the presence of huge dust particles. It was claimed that the buildings/dwelling houses or any other construction in the floodplains endangered the lives of people living in or using the same during the monsoon season.
The government authorities admitted that the floodplain area was a prohibited activity zone and an important component of a river ecosystem. They further admitted that the encroachment in the area led to diversion of water leading to floods in adjacent areas. They pointed out that “many experts believe that floods in Delhi are manmade as they have been caused primarily due to encroachment of drains, river banks and river beds, thereby restricting the flow of water to Yamuna and in Yamuna.”
The Court appointed the Vice Chairman (VC) of the Delhi Development Authority (DDA) as the Nodal Officer to coordinate with the officials of MCD, Delhi Police, DMRC, Irrigation and Flood Control Department, PWD, and Delhi Pollution Control Board and Forest Department to remove of all encroachments and illegal construction from Yamuna to lead the demolition and removal efforts.
Consequently, the Bench directed the Vice Chairman of the DDA to file an Action Taken Report (ATR) within six weeks.
Accordingly, the High Court listed the matter for further hearing on September 9, 2024.
Cause Title: Shabnam Burney v. Union Of India & Ors. (Neutral Citation: 2024:DHC:5089-DB)
Appearance:
Petitioner: Advocate Sumit Kumar
Respondents: CGSC Apoorv Kurup; GP Hussain Taqvi; ASC Avishkar Singhvi; SC Prabhsahay Kaur; Advocates Nidhi Mittal, Gurjas Narula, Arun Birbal, Sanjay Singh Vivek Kr Singh, Naved Ahmed, Shubham Kumar, Bir Inder Singh Gur, Ajay Arora and Kapil Dutta