The Delhi High Court has noted that the Yamuna floodplains in the national capital are ecologically sensitive, emphasizing that any unauthorized encroachment or construction in the area poses a serious threat to their preservation.

“The floodplain area is a designated prohibited activity zone and serves as a vital element of the river ecosystem. Encroachment upon this area disrupts the natural flow of water, resulting in the diversion of watercourses and contributing to flooding in adjacent regions,” Justice Dharmesh Sharma said.

“In fact, numerous experts assert that recurring floods in Delhi are largely man-made, primarily driven by unlawful encroachment on drains and riverbeds, which obstruct the natural flow of water into and within the River Yamuna, exacerbating the severity of the floods,” the Court added.

Justice Sharma made these observations while rejecting a petition by the Dhobi Ghat Jhuggi Adhikar Manch, which sought a directive for the Delhi Development Authority (DDA) to halt any demolition activities and maintain the status quo at the JJ slum in Dhobi Ghat, Batla House, until all residents were surveyed and rehabilitated in accordance with the DUSIB Policy.

Rejecting the plea and imposing a cost of ₹10,000, the Court emphasized that the site in question was acquired by the DDA for the channelization and protection of the Yamuna River, making the removal of the petitioner union a matter of greater public interest. It further clarified that, under the DUSIB Act, 2010, and the 2015 Policy, not every slum dweller or JJ Basti is automatically eligible for alternate housing.

The Court highlighted that Clause 2(a)(i) of the 2015 Policy (Part A) explicitly states that only JJ Bastis established before January 1, 2006, are protected from removal without an alternative housing arrangement.

“The JJ Basti in question is not part of the 675 notified JJ Bastis listed by DUSIB, further establishing that the residents of the petitioner union are occupying the area illegally,” it said.

The Court further held that the petitioner union lacked locus standi to file the petition, as it sought to represent an unspecified number of individuals without clearly identifying the exact area, size, or location of their plots.

Noting that such reliefs cannot be sought under writ jurisdiction in a blanket manner, the Court held that the claim regarding authorities failing to follow due process in the demolition could not be sustained in law.

"Further, the unlawful construction in the area poses a significant threat to the ecologically sensitive River Yamuna floodplains.Since the subject site was acquired by the DDA for the channelization and protection of the River Yamuna, the removal of the petitioner union from the subject site serves the greater public interest," it said further.

Title: DHOBI GHAT JHUGGI ADHIKAR MANCH v. DELHI DEVELOPMENT AUTHORITY & ORS.