Order of the National Green Tribunal regarding constructions on Yamuna floodplains, 21/01/2025
Order of the National Green Tribunal in the matter of News item titled "DDA ignores directions to remove official constructions on floodplain builds more" appearing in The Hindu dated 18.04.2024 and Other dated 21/01/2025.
The original application was registered suo motu based on the news item titled "DDA ignores directions to remove official constructions on floodplain, builds more" and “DDA flouts NGT’s guidelines, continues construction on crowded Yamuna floodplain in Delhi” published in The Hindu daily dated 18.04.2024 and 16.04.2024 respectively.
The news items allege that illegal constructions have come up in the floodplain of Yamuna and the Delhi Development Authority (DDA) has failed to remove them. There is also an allegation that DDA is planning to construct permanent structures on the floodplain of river Yamuna in violation of the NGT orders. In the news items, there are allegations concerning illegal constructions at: Sur Ghat; Qudsia Ghat; Casting Yard adjoining Central Delhi’s Baansera; Millenium Bus Depot near Sarai Kale Khan; Casting Yard at two kilometres from the Signature Bridge in North Delhi and Asita East.
DDA in its response accepted that the "DDA has been entrusted with the affirmative duty to protect and restore river Yamuna, its morphology and its floodplains. It has reiterated the direction of the Tribunal for the protection of the Yamuna floodplains scrupulously and methodically and to prevent encroachment or pollution of any kind therein that can damage the ecology and the floodplain".
DDA also informed the court that the authority has undertaken project to enhance the ecological character of the floodplain and to make them accessible to public. The DDA has divided the entire stretch of about 22 Km in the urban context of Delhi from Wazirabad barrage to Okhla barrage on both banks of river Yamuna into 11 projects. It is also disclosed that the total project area being undertaken by the DDA under this restoration scheme is approximately 1600 hectares, some of which falls within the jurisdiction of UP Irrigation Department.
Considering the explanation that has been furnished by the DDA in respect of all six locations and reading them along with the observation of the CPCB, the court found that some of the offending constructions have been removed and green cover has increased, however, some action is yet to be taken in terms of the report of CPCB and the DDA is required to exercise its jurisdiction for the removal of the such construction/structure from the flood plains.
The common reply affidavit of Ministry of Jal Shakti and NMCG dated October 15, 2024 disclosed that the NMCG had constituted a team for inspection of the sites in question which had submitted the report and the team had observed as under and has suggested remedial actions.
The NMCG, which is the competent authority under the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016, has already examined the issue, and the team constituted by the NMCG has suggested the remedial action which is required to be complied with by the DDA.
The NGT, January 21, 2025 directed the DDA to comply with the remedial action suggested by the team constituted by the NMCG and observations contained in the report of the CPCB as expeditiously as possible without causing any unnecessary delay.