Pollution in Yamuna River is at an all-time high, the Delhi High Court has remarked while refusing to stay an eviction notice issued to the residents of an unauthorised colony located in the river floodplain.
The high court observed the argument that the colony in south Delhi did not fall in the floodplain, as the risk of flooding was only one in 25 years, and did not hold water.
"Moreover, even if it is assumed that Shram Vihar Colony is situated outside the flood plains, yet it falls within zone ‘O’, which is an ecologically fragile zone and is being primarily used for horticulture and has a wealth of flora and fauna," a bench of Chief Justice Manmohan and Justice Tushar Rao Gedela said.
"It needs to be borne in mind that zone ‘O’ has been conceived for rejuvenation of River Yamuna and eco-friendly development in line with the river and its morphology,” it said.
The bench, therefore, dismissed the applications, saying the occupants over there were not entitled to any stay on the eviction notices.
The high court also referred to a recent news report based on a finding of the Delhi Pollution Control Committee which said the faecal coliform levels were 1,959 times the permissible limit and 9,800 times the desired limit where the river exits the city.
The news report pointed out that the faecal level was at an all-time high in September 2024, with untreated sewage flowing into the river from nearby unauthorised colonies being one of the main reasons.
“This court takes judicial notice of the fact that the pollution in river Yamuna is at an all-time high,” the bench said in its October 8 order.
The court was hearing applications filed by residents of the colony who sought a stay on the eviction notices issued on September 27.
The counsel for the residents contended that the colony did not fall within the floodplain of Yamuna River while relying on the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies), Regulations, 2019. He further claimed that the colony was situated on private land.
Advocate Prabhsahay Kaur, representing the Delhi Development Authority (DDA), argued that the colony fell in zone 'O', which was conceived for rejuvenation and eco-friendly development in line with the river and its morphology.
She said the colony fell in the definition of floodplain as mentioned in River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016.
According to Kaur, Shram Vihar had not been included in the list of 1,731 unauthorised colonies recognised by the Delhi government and was not due for recognition in future.
The court noted that though the applicants claimed the colony to be on private land, they had neither brought on record any sanctioned plan nor any completion certificate post-construction.
“It is a settled law that even owners of a private land have to take permission from the statutory authority before carrying out any construction and if that is not done, the construction is liable to be demolished,” the bench underlined.
