The Delhi High Court has recently directed the Vice Chairman of the Delhi Development Authority (DDA) to address all unauthorized constructions along the Yamuna River bank.

The court noted that those responsible for the illegal constructions had obtained an interim injunction in 2009 and had not yet relocated, admonishing them to stop shedding 'crocodile tears.'

The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela declared, “This Court directs the Vice Chairman, DDA, to remove all encroachments and illegal constructions on the Yamuna river bank, river bed, and drains flowing into river Yamuna.”

This directive arose from a writ petition seeking the demolition of unauthorized constructions on the Yamuna River Bank. Advocate Sumit Kumar, representing the petitioner, argued that the unauthorized constructions caused air pollution, leading to respiratory issues due to dust particles. He highlighted that building in the floodplains endangered people living in or using the area during the monsoon season.

Additional Standing Counsel Apoorv Kurup, representing the State, conceded that the floodplain area is a prohibited activity zone and a critical part of the river ecosystem. He acknowledged that encroachments caused water diversion, resulting in floods in adjacent areas. He added that many experts believed that the floods in Delhi were man-made, primarily due to encroachments on drains, river banks, and riverbeds, which restricted water flow in the Yamuna.

The Police informed the court that multiple complaints regarding illegal constructions on the Yamuna River Bank had been forwarded to the DDA and MCD for appropriate action. It was suggested that although the writ petition focused on the Shaheen Bagh area, the court should issue directions to remove illegal constructions and encroachments along the entire Yamuna river bank, river bed, drains, and floodplains. The Delhi Police assured they would provide necessary assistance for the removal of these encroachments.

In response, the court directed the Vice Chairman of the DDA to take action against all illegal constructions on the Yamuna River bank.

Case Title: Shabnam Burney v Union Of India And Ors (2024:DHC:5089-DB)