Delhi High Court
Sd Windlesh vs Union Of India & Ors. on 25 July, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10168/2024 & C.M.No.41753/2024
SD WINDLESH .....Petitioner
Through: Petitioner in person.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr.Kirtiman Singh, CGSC with
Mr.Waize Ali Noor, Mr.Varun
Rajawat, Mr.Ranjeev Khatana and
Mr.Varun P.Singh, Advocates for
UOI.
Ms.Prabhsahay Kaur, standing
counsel with Mr.Bir Inder Singh
Gurm, Ms.Ananya Sahu and
Ms.Palak Mathur, Advocates for
DDA.
Mr.Anupam Srivastava, ASC for
GNCTD with Mr.P.C. Mann,
Mr.Sandeep Sharma and Ms.Anushka
Bhatnagar, Advocates for R-3, 4 & 5.
1.
% Date of Decision: 25th July, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. Present public interest litigation has been filed seeking directions to
the respondents to demolish the encroachment on Yamuna floodplains by
Baba Nau Gaza Peer Dargah, the adjoining graveyard/kabristan ("the
dargah") and the casting yards authorised by respondent no.1/Union of
India. The petitioner also seeks creation of a Yamuna Protection Force to
ensure that no unauthorised construction is raised on Yamuna
riverbed/floodplains.
2. Petitioner, who appears in person, states that the dargah and graveyard
have been illegally constructed on the western side of Yamuna River
between New Aruna Nagar and Signature Bridge. He states that the site has
no relevance to Baba Nau Gaza Peer and therefore, the dargah and kabristan
in his name are nothing but an abuse of process of law. He states that in the
1978 the Yamuna floodplains at Shaheen Bagh was five kilometres wide,
which has now been reduced to five hundred meters.
3. He points out that about two kilometers from the Signature Bridge, a
casting yard can be found on the right side of a road which cuts through the
eastern bank of the Yamuna floodplain. He further points out that there is
another casting yard adjoining central Delhi's Baansera Park. According to
him, no permanent structure can be raised on Yamuna floodplains and
therefore, the casting yards ought to be removed.
4. He emphasises that this Court vide judgment dated 10th July, 2024 in
Pracheen Shiv Mandir Avam Akhada Samiti v. Delhi Development
Authority & Ors., LPA 498/2024 and judgment dated 08th July, 2024 in
Shabnam Burney v. Union of India and Ors. W.P.(C) 8035/2024, has
given clear directions that floodplains, Yamuna River bed and drains leading
to Yamuna should be cleared of all types of encroachments.
5. He also states that though he has made a representation dated 16th
June, 2024 to the Vice Chairman, DDA, yet no action has been taken so far.
6. This Court in Shabnam Burney (supra) while disposing of the writ
petition has directed the Vice Chairman, DDA to remove all encroachments
and illegal construction on the Yamuna River bank, river bed and drains
flowing into river Yamuna. This Court has also appointed the Vice
Chairman, DDA as Nodal Officer to co-ordinate with the officials of MCD,
Delhi Police, DMRC, Irrigation and Flood Control Department, PWD, Delhi
Pollution Control Board and Forest Department.
7. Keeping in view the aforesaid, this Court directs the Vice Chairman,
DDA to decide the petitioner's representation dated 16th June, 2024 in
accordance with law as expeditiously as possible preferably within six
weeks and take action, if required. The rights and contentions of all the
parties are left open.
8. The Vice Chairman is also directed to ensure that as and when
encroachments and illegal structures in and around Yamuna floodplains are
removed, the area made free from encroachment is properly
fenced/protected, so that no future encroachment takes place.
9. The Vice Chairman, DDA, while filing the Action Taken Report, in
Shabnam Burney (supra), shall also make a reference to the constructions
referred to in the present writ petition.
10. With the aforesaid directions, the present writ petition along with the
application stands disposed of.
ACTING CHIEF JUSTICE
TUSHAR RAO GEDELA, J
JULY 25, 2024
KA
