On July 8, the Delhi High Court ordered the removal of all encroachment and illegal construction on the banks of the Yamuna River, riverbeds, and drains flowing into the river.
A Division Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela directed the vice chairman (VC) of the Delhi Development Authority (DDA) to remove all encroachments and illegal construction, appointing him as the nodal officer to work with the Municipal Corporation of Delhi (MCD), Delhi Police, Delhi Metro Rail Corporation (DMRC), Irrigation and Flood Control Department, PWD, Delhi Pollution Control Board, and Forest Department to execute the order. He was asked to conduct a meeting on the matter with all the concerned officials within a week, and the DDA was ordered to file an Action Taken Report within six weeks.
The matter will be heard on September 9 to determine if the court’s order has been followed.
Why Did the Court Issue These Orders?
This court passed this order while dealing with a plea filed by Shabnam Burney seeking directions to remove all unauthorised encroachments and construction on the river bank and to implement measures to prevent the same in the future. The petitioner emphasised that the unauthorised construction was posing a threat to the ecologically fragile plain, contributing to air pollution in the region, and causing respiratory issues for nearby residents.
How has the government responded?
The Central Government’s standing counsel, Apoorv Kurup, informed the Bench that the floodplain area is a restricted activity zone and a vital part of the river ecosystem. They acknowledged that encroachment in this zone causes water diversion, leading to floods in nearby areas. Many experts argue that Delhi’s floods are man-made, resulting from the encroachment of drains, riverbanks, and riverbeds, which restrict the flow of water in and to the Yamuna.
Advocate Avishkar Singhvi, representing the Delhi government and Delhi Police, told the court that multiple representations concerning illegal and unauthorised constructions on the riverbank had been forwarded to the DDA and the MCD for appropriate action. The counsel, while assuring that the authorities would offer all necessary assistance, requested that the court pass directions.
The MCD, represented by Advocate Ajay Arora, assured that the municipal corporation would fully cooperate with the DDA and DMRC in the removal process.
