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Order of the National Green Tribunal regarding clearing the Delhi stretch of Yamuna from encroachment, 06/02/2025

  • 06/02/2025

Order of the National Green Tribunal in the matter of Jagdev Vs Lieutenant Governor of Delhi & Others dated 06/02/2025.

The NGT, October 17, 2019 had directed that the flood plains of a river cannot be allowed to be occupied as such occupation could damage the ecology of the river and has directed to keep river Yamuna free from encroachment. The court had also directed the Delhi Development Authority (DDA), Delhi Pollution Control Committee (DPCC) and Forest Department to take action in accordance with law.

Even after the passing of more than five years, the order of the tribunal has been complied with according to the applicant and thus through the execution application, the applicant is seeking compliance of the order the NGT, October 17, 2019.

Not only has the tribunal passed the order for removing the encroachment from the floodplain of river Yamuna in Delhi stretch but the Delhi High Court had also passed a order, April 8, 2024 directing DDA in coordination with all concerned agencies to ensure the removal of encroachment from the Yamuna river flood plain. In addition, the Delhi High Court in another order had directed the Vice Chairman of DDA to remove all encroachments and illegal constructions on the Yamuna river bank, river bed and drains flowing into Yamuna.

The NGT also pointed out that the Supreme Court, January 2, 2024 had also concurred with the view taken by the NGT about maintaining the flood plains of river Yamuna in the larger interest of not only the members of public but in the larger interest of the environment.

In spite of the many orders passed by the NGT, High Court of Delhi and the Supreme Court, the flood plain of river Yamuna in Delhi stretch has not been cleared from encroachment.

DDA has sought three weeks time to file a fresh report and disclosing the attempt by the authority to comply with the various court orders. The next hearing of the case will be held on April 4, 2025.