Yamuna Riverfront Development vs. Religious Sites: Delhi HC Offers Compromise in Demolition Case.
31 May 2024
Property/Real Estate Law >> Property & Real Estate
The Delhi High Court dismissed a petition by the Shrine of Naga Baba Bhola Giri to prevent its demolition by the Delhi Development Authority (DDA). The case highlights the ongoing efforts to revitalize the Yamuna River and the challenges posed by encroachments on its floodplain.
The Shrine claimed possession of the land for over 30 years and sought demarcation to prevent demolition. However, the DDA argued that the land belonged to the government and was crucial for the Yamuna Riverfront development project.
The Court sided with the DDA, citing several factors:
- Land Records: The petitioner's land records indicated ownership by the government, not the Shrine.
- Public Interest: The land fell within Zone 'O,' designated for the Yamuna Riverfront development plan, which prioritizes ecological restoration and public spaces.
- National Green Tribunal Orders: The National Green Tribunal (NGT) had previously mandated the removal of encroachments from the Yamuna floodplain to prevent pollution and ensure river health.
The Court's decision underscores the importance of protecting the Yamuna River and its floodplain. The ruling empowers the DDA to continue removing encroachments and develop the riverfront with green spaces and public amenities. However, the Court also acknowledged the religious significance of the river and directed the DDA to consider constructing designated ghats for religious purposes.
This case exemplifies the complex interplay between religious practices, environmental concerns, and public development projects. While the Shrine's claim was unsuccessful, the Court's directive regarding designated ghats highlights efforts to balance religious needs with ecological restoration.