National Green Tribunal Gives No Objection For Installation Of LightHouse Near Yamuna’s FloodPlain In Delhi

The principal bench of National Green Tribunal (NGT) has given no objection to DDA for installation of a lighthouse in the greenway, adjacent to the Yamuna flood plains, for additional surveillance and security.

The bench of Justice Adarsh Kumar Goel, Justice Sudhir Agarwal, Dr A. Senthil Vel said, “we are of the view that on principle there can be no objection to the proposal if its approved by the HLC and is meant for protection of flood plain zone and is within the purview of permissible activity in terms of para 80 of the order of this Tribunal dated 13.1.2015 and River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016.”

The Tribunal was hearing the application filed by DDA to seek permission for the installation of the lighthouse.

It submitted that the application became necessary in view of prohibition of any construction in flood plain zone unless such activity is of exceptional nature for protection of flood plain as per Tribunal’s 2015 order in Nizamuddin West Association v. Union of India.

It was informed to the Tribunal that the HLC has been planning and overseeing rejuvenation work.

It was further submitted that a series of projects have been planned by the DDA to prevent encroachment and beautify the floodplain of the river Yamuna.

Ancillary activities such as biodiversity parks are required to attract and educate citizens and foster enthusiasm for nature without causing any damage to the floodplain, the bench was told.

The installation of the light house is a part of the series of projects,the DDA has proposed installation of a lighthouse on Asia west for which the area under encroachments has been repossessed.

It was also submitted that in January 2023, HLC resolved that the DJB, DPCC, I&F Control and DDA shall initiate an IEC campaign for awareness as well as involvement of the public at large in this initiative to restore the old glory of the River Yamuna.

It was highlighted that the lighthouse serves as a major attraction for the public as a watch tower (for controlled use) by the visitors of the area thereby also adding to the revenue generation.

Considering the submission, the NGT has given no objection to the project, stating that if it is approved by the HLC and is intended for the protection of the floodplain zone.

The Tribunal further directed that it will “require examination of the details of the project” with its location in context of notified flood plain zone, structural designs, maintenance infrastructure and construction period with integrated environmental management requirements.

The Tribunal opined that,“Since after the order of this Tribunal dated 13.1.2015, NMCG has been named statutory regulator in terms of para 42 of the Ganga order quoted above, in our view further appraisal of activity being permissible should be by NMCG.”

If permission is given considering all relevant parameters, suitable safeguards found necessary for protection of the floodplain zone of Yamuna be adopted, the Tribunal said.

While disposing of the application the Tribunal directed NMCG to take decision “preferably within one month of receiving of proposal”.

Case Title:Nizamuddin West Association v. Union of India & Ors.

Appearances: Prabhsahay Kaur & Deeksha L. Kakar, Advocates with Mohd. Uzair, Additional Director, Landscape for Applicant (DDA) in IA 555/2023.

Narender Pal Singh, Advocate for DPCC

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