Delhi High Court
Shabnam Burney vs Union Of India And Ors on 8 July, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8035/2024 & CM APPL. 33044/2024 (Exemption)
SHABNAM BURNEY .....Petitioner
Through: Mr. Sumit Kumar, Advocate
versus
UNION OF INDIA AND ORS .....Respondent
Through: Mr. Apoorv Kurup, CGSC with Mr
Hussain Taqvi (GP), Ms. Nidhi Mittal
and Mr. Gurjas Narula, Advocates for
R-1/UOI.
Mr. Arun Birbal and Mr. Sanjay
Singh, Advocates for R-2/DDA.
Mr. Avishkar Singhvi, ASC with Mr.
Vivek Kr Singh, Mr. Naved Ahmed
and Mr. Shubham Kumar, Advocates
for R-5 to 7.
SI Akshay Dagar, P.S. Shaheenbag.
Ms. Prabhsahay Kaur, Standing
Counsel with Mr. Bir Inder Singh
Gur, Advocate for STF.
Mr. Ajay Arora and Mr. Kapil Dutta,
Advocates for MCD.
% Date of Decision: 08th July, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT W.P.(C) 8035/2024 Page 1 of 4
Signing Date:10.07.2024
19:54:24
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. Present writ petition has been filed by the petitioner seeking directions
to demolish the unauthorized construction carried out by respondent nos.7 &
8 on Yamuna River Bank. Petitioner further seeks a direction to the
respondents to take steps to prevent illegal construction on Yamuna river
bank and floodplains in the near future.
2. Learned counsel for petitioner states that the illegal construction in
question has been going on without any permission or regard for the
environmental concern. He further states that the impugned illegal
construction will endanger the ecologically fragile Yamuna floodplains. He
also states that the illegal and unauthorized construction carried out by
respondent nos.7 & 8 is causing air pollution in the area and is further
leading to respiratory problems due to presence of huge dust particles. He
states that building / dwelling house or any other construction in the
floodplains endangers the lives of people living in or using the same during
the monsoon season.
3. Learned counsel for the respondents admit that the floodplain area is a
prohibited activity zone and an important component of a river ecosystem.
They further admit that encroachment in this area leads to diversion of water
leading to floods in adjacent areas. They point out that many experts believe
that floods in Delhi are manmade as they have been caused primarily due to
encroachment of drains, river banks and river beds, thereby restricting the
flow of water to Yamuna and in Yamuna.
4. Learned counsel for the respondent no.5/GNCTD and respondent
No.6/Delhi Police further states that a number of representations with regard
to illegal and unauthorized construction on the Yamuna River Bank have
been forwarded to DDA and MCD for necessary and appropriate action. He
further states that though the present writ petition is confined to Shaheen
Bagh area, this Court should pass directions for removal of illegal
constructions and encroachments in the entire Yamuna river bank, river bed,
drains and floodplains area. He also states that all necessary assistance shall
be provided by the Delhi Police for removal of encroachment and
unauthorized construction on river bank, river bed and drains.
5. Learned counsel for the MCD states that urgent action is required in
this matter. He states that as the Vice Chairman is the senior-most officer
amongst the heads of the MCD, PWD, Irrigation and Flood Control
Department and DMRC, it would be appropriate if the Vice Chairman, DDA
is appointed as the Nodal Officer and directed to remove all the illegal,
unauthorized construction as well as encroachment on the Yamuna river
bank, river bed and floodplains. He assures and undertakes to this Court that
the MCD would cooperate with DDA and DMRC in removing the
encroachment and illegal construction.
6. Keeping in view the aforesaid, this Court directs the Vice Chairman,
DDA, to remove all encroachments and illegal construction on the Yamuna
river bank, river bed and drains flowing into river Yamuna. He is also
appointed as the Nodal Officer and shall coordinate with officials of MCD,
Delhi Police, DMRC, Irrigation and Flood Control Department, PWD, Delhi
Pollution Control Board and Forest Department. The Vice Chairman, DDA
shall convene a meeting of all the concerned officials within a week.
7. With the aforesaid directions, the present writ petition is disposed of.
However, the Vice Chairman, DDA is directed to file an Action Taken
Report within six weeks. List on 09th September, 2024 for compliance.
ACTING CHIEF JUSTICE
TUSHAR RAO GEDELA, J
JULY 8, 2024
kct
