The Delhi High Court has directed the vice-chairman of the Delhi Development Authority (DDA) to remove “all encroachments and illegal construction” on the banks of the Yamuna, river bed and drains flowing into the river.
The High Court was hearing a plea seeking directions to demolish alleged unauthorised construction on the banks of Yamuna river. The petitioner, Shabnam Burney, sought directions to the authorities to take steps to prevent illegal construction on Yamuna river bank and floodplains in the near future.
A division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela in its July 8 order said, “Keeping in view the aforesaid, 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 (Municipal Corporation of Delhi), Delhi Police, DMRC (Delhi Metro Rail Corporation), Irrigation and Flood Control Department, PWD (Public Works Department), Delhi Pollution Control Board and Forest Department”.
The HC directed the senior official to convene a meeting of all the officials concerned within a week and called for an action taken report to be filed in six weeks. The matter is listed on September 9.
During the hearing, the counsel appearing for the Delhi government and the Delhi Police said that a number of representations regarding illegal constructions on the Yamuna river bank have been forwarded to DDA and MCD for appropriate action.
He said that though the plea was confined to the Shaheen Bagh area, the court “should pass directions for removal of illegal constructions and encroachments in the entire Yamuna river bank, river bed, drains and floodplains area”.
He also said that all necessary assistance shall be provided by the Delhi Police for clearing the encroachments and unauthorized constructions from the river bank, river bed and drains.
Meanwhile, the counsel for the MCD said that urgent action is required in this matter. He also said that as the Vice Chairman is the senior-most officer amongst the heads of the MCD, PWD, Irrigation and Flood Control Department and DMRC, it would be appropriate if the Vice Chairman, DDA is appointed the nodal officer and directed to remove all the illegal, unauthorised construction as well as encroachment on the Yamuna river bank, river bed and floodplains.
He also assured the court that the MCD would cooperate with DDA and DMRC in removing the encroachment and illegal constructions.
The counsel appearing for the various authorities admitted that the “floodplain area is a prohibited activity zone and an important component of a river ecosystem”. They admitted that encroachment in this area leads to diversion of water leading to floods in adjacent areas.
“They point out that many experts believe that floods in Delhi are man-made 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 order notes.
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