Court Orders Action Against Illegal Construction on the Yamuna River Bank.


08 July 2024 Environment Protection >> Environmental Law  

In a significant ruling aimed at protecting the ecologically sensitive Yamuna River ecosystem, a writ petition has been filed requesting the demolition of unauthorized constructions along the riverbank. The petition highlights the urgent need to address illegal building activities by certain respondents, which pose serious environmental concerns and risks to public health.
The petitioner contends that the ongoing construction lacks necessary permissions and disregards vital environmental protections. The developments are believed to contribute to air pollution, exacerbating respiratory issues in the surrounding community due to the increased dust and debris. Moreover, the petitioner emphasizes that such constructions in floodplain areas could endanger lives, particularly during the monsoon season when flooding risks are heightened.

Acknowledging the gravity of the situation, the counsel for the respondents admitted that the floodplain area is classified as a prohibited zone crucial for maintaining the river's ecosystem. They pointed out that encroachments disrupt water flow, leading to potential flooding in nearby regions. Experts have even indicated that recent flooding incidents in Delhi are largely attributable to human activities that have encroached upon drainage systems and riverbanks, restricting water flow.

 
 

Representatives from the Delhi government and police indicated that multiple complaints regarding illegal construction on the Yamuna Riverbank have already been forwarded to relevant authorities, including the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD), for appropriate action. They urged the court to extend its directives for the removal of illegal constructions along the entire Yamuna Riverbank, not just in the Shaheen Bagh area.

In response to these developments, the counsel for the MCD stressed the need for urgent action. They proposed that the Vice Chairman of the DDA be appointed as the Nodal Officer to oversee the removal of illegal constructions and encroachments. The MCD pledged to cooperate fully with the DDA and other relevant agencies in this endeavor.

The court accepted these proposals and directed the Vice Chairman of the DDA to take immediate action to remove all encroachments and illegal structures along the Yamuna Riverbank, riverbed, and associated drains. The Vice Chairman is tasked with coordinating efforts among various governmental departments, including the MCD, Delhi Police, and the Delhi Pollution Control Board. To facilitate swift action, a meeting with all concerned officials is to be convened within a week. The court has mandated the DDA to file an Action Taken Report within six weeks to ensure accountability and progress in addressing this pressing environmental issue. The case will be revisited on September 9, 2024, for compliance updates. This ruling underscores the judiciary's commitment to environmental protection and public safety, signaling a clear message against unauthorized constructions that threaten the fragile ecosystem of the Yamuna River.