On Tuesday, the Delhi High Court expressed serious concern over continuing illegal construction activities in Delhi’s Yamuna floodplain region and warned authorities against permitting any fresh construction in Zone ‘O’. Observing that residential colonies situated in the ecologically sensitive area are “completely impermissible”, the Court indicated that officials responsible for allowing fresh unauthorised structures may face action. The development assumes significance as lakhs of residents currently living in unauthorised colonies in the floodplain area continue to enjoy only temporary statutory protection till December 31, 2026.
The issue arose in an ongoing matter concerning rampant encroachments and unauthorised construction in Zone ‘O’, which forms part of the Yamuna riverbed and floodplains in the national capital. During earlier proceedings, the Delhi Development Authority sought clarification from the Ministry of Housing and Urban Affairs regarding whether colonies situated in Zone ‘O’ were entitled to protection under the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011.
The Ministry subsequently clarified that while temporary protection from punitive action extended to 91 unauthorised colonies situated in Zone ‘O’ till the end of 2026, no ownership rights or regularisation benefits were being conferred upon residents under the NCT of Delhi (Recognition of Property Rights of Residents in Unauthorised colonies) Regulations, 2019. The Court was informed that approximately 5 to 6 lakh people, translating to nearly one lakh houses, presently reside in these colonies, and discussions are underway between the Centre, GNCTD, and other agencies regarding rehabilitation measures and future treatment of the area.
The Division Bench of Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora observed that the floodplain area cannot sustain continued residential expansion because of its environmental sensitivity and proximity to the Yamuna riverbed. The Bench remarked that “The existence of any residential colonies in Zone ‘O’ would be completely impermissible and would also not be conducive to the environment as also to the river bed area.” Clarifying the legal position, the Court emphasised that temporary protection under the 2011 Act merely restrains punitive action for a limited period and does not legalise the colonies or create ownership rights in favour of occupants.
The Court also took serious note of status reports and photographs placed before it showing fresh unauthorised construction in areas including Jagatpur Village, Wazirabad, Ram Ghat and New Aruna Nagar (Majnu Ka Tila). Expressing dissatisfaction over continuing construction despite repeated demolition drives, the Bench observed that “right under the supervision of Engineers of the MCD, the unauthorised construction in Zone `O’ which is so freshly made is being carried out.”
The Court directed that the names of the concerned Executive Engineers be placed before it and sought reports regarding action taken against officials responsible for permitting illegal construction activities. The DDA was further directed to ensure that no fresh construction takes place in Zone ‘O’, “even under the garb of repair or renovation.” The Bench also ordered officials of the Ministry, DDA, and MCD to convene a joint meeting and file an action taken report detailing measures being adopted to stop further encroachments and demolish illegal structures in the floodplain area.
Case Title: Vijay Kumar Diwakar Vs. South Delhi Municipal Corporation & Ors.
Case No.: W.P.(C) 5751/2014
Coram: Hon'ble Justice Prathiba M. Singh, Hon'ble Justice Manmeet Pritam Singh Arora
Advocate for the Petitioner: Adv. Rajiv Kumar Ghawana, Adv. Vikal Chardela, Adv. Shivam Chaudhary
Advocate for the Respondent: Sr. Adv. Ajjay Arora, Sr. Adv. Kailash Vasudev, Adv. Kapil Dutta, Adv. Vansh Luthra, Adv. Anubhav Gupta, Adv. Kartik Sharma, Adv. Prabhsahay Kaur, Adv. Aditya Verma, Adv. Rashneet Singh, Adv. Sana Parveen, Adv. Ajay Kadian, Adv. Pradeep Kumar, Adv. DurganandMinz, Adv. Mayank Yadav, Adv. Bijndra Kumar, Adv. Kamal Kant Jha, Adv. Aishwarya Deep Singh, Adv. Aakriti, Adv. Sarvan Kumar, Adv. Mukesh Pandey, Adv. Thara
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