Water Bodies Must Not Be Encroached, State Must Maintain Vigil: Delhi High Court

The direction was made in a petition filed by one Rahul Dabas, raising a grievance with respect to encroachment of two water bodies in Delhi, i.e. ponds admeasuring 12 bighas and 18 bighas.

It was alleged that the said ponds are not being maintained as water bodies by the Respondents, particularly the Delhi Development Authority, even though they are recognized as such.

He placed on record several photographs upon a perusal of which the Bench agreed that there is nothing to suggest that the same is being used as waterbody.

Accordingly, the Bench comprising Acting Chief Justice Vipin Sanghi and Justice Sachin Datta directed the Respondents to ensure that water bodies are not encroached upon and whatever existing encroachments are there, are removed.

"Protect the water bodies by taking appropriate measures such as fencing and keeping vigilance over water bodies in Delhi. Ensure that necessary civil work is carried out to remove garbage/ malba, so that water bodies get revived," it added.

These steps are to be taken by the authorities within next one month, considering that monsoon would commence in Delhi in later part of June.

A status report indicating the condition with regard to aforesaid water bodies and steps taken in terms of the order is directed to be placed on record.

Further, on insistence of Petitioner, the Court directed the State to survey the water bodies in question and take photos of the existing status within next one week and place the same on record, so that in case adequate steps are not taken or if the situation worsens, the photos of current status are available for record.

The matter will be taken up on November 25.

Case Title: Rahul Dabas v. Union of India