Delhi High Court Directs DDA Vice Chairman To Remove Encroachments, Illegal Construction On Yamuna River Bank

The Delhi High Court has directed the Vice Chairman of Delhi Development Authority (DDA) to remove all the encroachments and illegal construction on the Yamuna river bank, river bed and drains flowing into the river.

A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela appointed the Vice Chairman as the Nodal Officer to undertake the task.

The Court directed the official to coordinate with officials of Municipal Corporation of Delhi (MCD), Delhi Police, DMRC, PWD, Delhi Pollution Control Board and the Forest Department.

“The Vice Chairman, DDA shall convene a meeting of all the concerned officials within a week,” the Court said in an order passed on July 08.

The bench disposed of a plea filed by one Shabnam Burney seeking to demolish the unauthorized construction carried out on Yamuna River Bank. The plea sought a direction upon the city authorities to take steps to prevent illegal construction on Yamuna river bank and floodplains in the near future.

The counsel appearing for Delhi Government and Delhi Police stated that a number of representations with regard to illegal and unauthorized construction on the Yamuna River Bank have been forwarded to DDA and MCD for necessary and appropriate action.

MCD's counsel said that urgent action was required in the matter and that the Vice Chairman of DDA may be appointed as the Nodal Officer and be directed to remove all the illegal and unauthorized construction as well as encroachment on the Yamuna river bank, river bed and floodplains.

“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,” the court said.

While disposing of the matter, the court directed the Vice Chairman to file an action taken report within six weeks.

Counsel for Petitioner: Mr. Sumit Kumar, Advocate

Counsel for Respondents: Mr. Apoorv Kurup, CGSC with Mr Hussain Taqvi (GP), Ms. Nidhi Mittal and Mr. Gurjas Narula, Advocates for R-1/UOI; Mr. Arun Birbal and Mr. Sanjay Singh, Advocates for R-2/DDA; Mr. Avishkar Singhvi, ASC with Mr. Vivek Kr Singh, Mr. Naved Ahmed and Mr. Shubham Kumar, Advocates for R-5 to 7; Ms. Prabhsahay Kaur, Standing Counsel with Mr. Bir Inder Singh Gur, Advocate for STF; Mr. Ajay Arora and Mr. Kapil Dutta, Advocates for MCD

Title: SHABNAM BURNEY v. UNION OF INDIA AND ORS

Citation: 2024 LiveLaw (Del) 770

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