Ensure Fencing After Removal Of Encroachments Around Yamuna Floodplains: Delhi High Court To DDA Vice Chairman

The Delhi High Court on Thursday directed the Vice Chairman of Delhi Development Authority (DDA) to ensure that there is fencing around the Yamuna River floodplains area as and when unauthorised constructions and encroachments are removed to avoid similar incidents in future.

A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela was dealing with a PIL filed by one SD Windlesh seeking the demolition of a Dargah and Kabristan on the Yamuna floodplains area.

It was his case that the dargah and graves were illegally constructed at the western side of the Signature Bridge, and thus, prayed that the structures be removed.

The Signature Bridge spans the Yamuna River at the Tarun Goyat section, connecting Wazirabad to East Delhi.

The PIL also sought the constitution of a Yamuna Protection Force to ensure that no unauthorised construction is raised on the Yamuna floodplains.

He further contended that a representation was written to the DDA's Vice Chairman by him last month but no action was taken.

Disposing of the plea, the court noted that a single judge on May 29 had ordered that the Yamuna floodplains and riverbed should be cleared from all types of encampments.

The bench further referred to its recent order directing the Vice Chairman of DDA to remove all the encroachments and illegal construction on the Yamuna river bank, river bed and drains flowing into the river.

The court had also appointed the Vice Chairman as the Nodal Officer to undertake the task.

The bench directed the Vice Chairman to decide the petitioner's representation and take action, if required, as expeditiously as possible, preferably within six weeks.

“The Vice Chairman of DDA is also directed to ensure that as and when encroachments are removed, the area around the Yamuna floodplains is protected and properly fenced so that no further encroachment in future can happen,” the court directed.

As the petitioner's counsel stressed on constitution of a task force to tackle unauthorised construction and encroachments in Yamuna floodplains, the bench orally remarked:

“The technology and drones are there… It will lead to further corruption. These people need to be more vigilant and use technology.”

Title: SD Windlesh v. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 838