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It was stated that the illegal constructions in question proceeded without permission or regard for environmental concerns. It was further asserted that the said illegal construction endangered the ecologically fragile Yamuna floodplains.
The Delhi High Court, recently, instructed the Vice Chairman of the Delhi Development Authority to address all unauthorized constructions along the Yamuna River bank. The court noted that those responsible for the illegal constructions had obtained an interim injunction in 2009 and had not yet relocated, asking them to stop shedding 'crocodile tears'.
The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela held, “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”.
The case stemmed from a writ petition seeking directions to demolish the unauthorized construction carried out by certain individuals on the Yamuna River Bank. Advocate Sumit Kumar, representing the petitioner, claimed that the unauthorized construction by said individuals caused air pollution in the area, leading to respiratory problems due to the presence of substantial dust particles. He argued that building or any other construction in the floodplains jeopardized the lives of people living in or using the area during the monsoon season.
Additional Standing Counsel Apoorv Kurup, representing the State, admitted that the floodplain area was a prohibited activity zone and an essential component of the river ecosystem. He acknowledged that encroachment in this area led to water diversion, causing floods in adjacent areas. He further noted that many experts believed that floods in Delhi were man-made, primarily caused by encroachment on drains, river banks, and riverbeds, thus restricting the water flow to and within the Yamuna.
The Police, however, notified the court that several representations regarding illegal and unauthorized construction on the Yamuna River Bank were forwarded to the DDA and MCD for appropriate action. It was further suggested that although the writ petition was confined to the Shaheen Bagh area, the Court should issue directions for removing illegal constructions and encroachments across the entire Yamuna river bank, river bed, drains, and floodplains. It was assured that the Delhi Police would provide all necessary assistance for the removal of encroachments and unauthorized construction on the river bank, river bed, and drains.
Accordingly, the court directed the vice chairman of DDA to take action against all illegal constructions on the Yamuna River bank.
Case Title: Shabnam Burney v Union Of India And Ors (2024:DHC:5089-DB)
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