Delhi HC Calls for Green Development Along Yamuna Floodplains

The Delhi High Court has ordered the removal of encroachments from the Yamuna floodplains and has sought a report from the Delhi Development Authority (DDA) regarding the development of biodiversity parks/wetlands on the site, stating that green development of the banks is imperative.

A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora issued directives for the “rejuvenation” of the river through the removal of construction debris and urged the Delhi Development Authority (DDA) to address the matter of its “controlled and scientific dredging” promptly.

Furthermore, the court, which mandated the authority to explore green horticultural development of riverfronts and recreational zones and to appoint nodal officers for sustained upkeep of the area, also emphasized the need for dedicated “ghats” to be created for devotees.

“It is imperative to undertake green development along the banks of the Yamuna, establishing wetlands, public spaces, parks for greenery, access to civic amenities, and areas for recreation or playgrounds for children. This will foster community involvement, a sense of ownership, and consequent pressures on authorities to ensure maintenance. All of this will align with ecological restoration, upkeep, and protection of the floodplains,” noted the bench.

“The DDA, in collaboration with all relevant agencies, is hereby instructed to ensure the removal of encroachments from the Yamuna river floodplains. Additionally, the DDA must furnish an action taken report regarding the development of 10 biodiversity parks/wetland areas in the Yamuna river floodplain, along with an action plan outlining timelines for the completion of pending projects,” it decreed.

The court observed that a significant number of religious devotees offer prayers at various locations and dispose of solid waste into the river, exacerbating an already serious issue. It directed the DDA to construct “ghats” or “platforms on stilts” for the devotees, enabling authorities to scientifically address the waste challenge.

The court’s directives were issued in response to two suo motu petitions, initiated on its own, concerning the waterlogging issue in Delhi and rainwater harvesting, as well as easing traffic congestion in the national capital during monsoon and other periods.

In its order, the bench remarked that the recent flooding of the Yamuna river indicated that the 22-kilometre stretch flowing through Delhi is “no longer navigable,” overflowing each monsoon due to its elevated riverbed and shallow water.

“We have been apprised that the river has consistently become shallower, lacking the capacity to accommodate excess water during the monsoon or support life throughout the year,” the court noted.

“The DDA shall address the matter with relevant authorities, such as Irrigation and Flood Control, National Ganga Mission, etc., to conduct controlled and scientific dredging for silt removal both upstream and downstream and for creating a series of small ponds adjacent to the river to enhance its carrying capacity. This undertaking shall be expedited and completed by June 30, 2025,” the court directed.

Furthermore, the court mandated the city authorities to complete the geo-tagging and geo-referencing of 1,023 water bodies by May 15 and ensure the preparation of estimates for their rejuvenation by May 30.

To maintain water bodies free from encroachments, it instructed the Delhi government to take appropriate measures to update relevant entries in revenue records and assign responsibilities for their upkeep to specific officials.

It also urged the city government to explore the implementation of rainwater harvesting systems in low-lying areas to capture rainwater during the upcoming monsoon season and encourage public participation to make it a widespread initiative.

The court directed the authorities to ensure that rainwater harvesting systems are installed in over 1,362 government buildings by September 30 and verify the existence and functionality of such systems before granting Occupation Certificates as per the law.

To verify the actions taken by the agencies on the ground, the court stated that the authorities should conduct a third-party audit by the central government, state government, or their PSUs.

“This will ensure that the work undertaken is realized on the ground rather than being confined to paperwork. The initial report of such third-party audit(s) shall be made publicly available by June 30, 2024,” it ordered.

The matter is scheduled to be heard next on May 20, 2024.