Kiran Raj

The National Green Tribunal (NGT), in its order dated January 21, 2025, directed the Delhi Development Authority (DDA) to strictly adhere to guidelines for the protection and restoration of the Yamuna floodplains. Acting on a suo motu application initiated from news reports alleging illegal constructions and encroachments on the floodplains, the Tribunal mandated compliance with recommendations from the National Mission for Clean Ganga (NMCG) and the Central Pollution Control Board (CPCB).

The case was registered suo motu by the NGT based on news items published in The Hindu in April 2024. These reports highlighted alleged violations by the DDA, including illegal constructions at various locations such as Sur Ghat, Qudsia Ghat, Baansera, and the Millennium Bus Depot near Sarai Kale Khan. It was alleged that DDA had constructed permanent structures on the Yamuna floodplains in violation of prior NGT orders, particularly those issued in the Manoj Mishra v. Union of India case.

The Tribunal had earlier issued notices to relevant authorities, including the DDA, CPCB, and NMCG, seeking their responses. In its affidavit, the DDA claimed that its activities were part of an ecological restoration project aimed at enhancing public access to the Yamuna and restoring its floodplain ecology. The DDA detailed a series of ongoing projects covering 1,600 hectares of floodplain restoration, including wetland revival, afforestation, and the creation of nature trails and recreational spaces.

The NMCG submitted a report based on inspections conducted by a team it had constituted. The report reviewed six key sites and provided remedial measures to ensure compliance with environmental regulations. The CPCB also submitted observations based on inspections of the sites.

The Tribunal considered the submissions and evidence provided by all parties. It recorded the importance of preserving floodplains for their ecological and hydrological functions, including groundwater recharge and habitat restoration. The NGT stated: “Floodplains are critical for the self-cleansing ability of rivers and provide essential ecological functions that must not be disrupted by unauthorized constructions.”

For each site under scrutiny, the Tribunal addressed specific allegations:

1. Sur Ghat: It was alleged that permanent structures, including concrete rooms and tiled floors, had been constructed. The NMCG recommended de-concretization of at least 50% of the area to restore permeability.

2. Qudsia Ghat: Renamed Vasudeo Ghat, it was alleged that the site included unauthorized structures and statues. The NMCG suggested minimizing concrete usage and improving ecological restoration.

3. Baansera: A concrete road was reportedly constructed, and construction and demolition (C&D) waste had been dumped. The Tribunal directed the DDA to expedite removal of waste and restore the area.

4. Millennium Bus Depot: Despite being defunct, the depot remained concretized. The Tribunal directed DDA to explore an ecosystem restoration plan for the site.

5. Casting Yard near Signature Bridge: The site was alleged to have encroachments and concrete infrastructure. The NGT instructed DDA to ensure removal of debris in collaboration with agencies like DMRC and PWD.

6. Asita East: The site featured concrete pathways. The NGT noted that while these were permeable, efforts must be made to minimize paved areas and prioritize ecological restoration.

The NGT directed adherence to prior directives and guidelines issued under the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016. It observed: “The NMCG, entrusted with the responsibility to protect the floodplains of the Yamuna, has suggested remedial measures that must be implemented without delay.”

The Tribunal issued the following directives:

1. The DDA was instructed to implement the remedial measures suggested by the NMCG and CPCB for each identified site.

2. The DDA was tasked with submitting an action plan and timeline for de-concretization and restoration efforts.

3. All relevant agencies, including DMRC, PWD, and other stakeholders, were directed to cooperate with the DDA in removing C&D waste and encroachments.

4. The NMCG and CPCB were directed to monitor compliance and submit periodic reports to the Tribunal.

Case Title: Tribunal on its own motion v CEO, Delhi Development Authority & Others
Case Number: Original Application No. 574/2024
Bench: Justice Prakash Shrivastava (Chairperson), Justice Arun Kumar Tyagi (Judicial Member), and Dr. A. Senthil Vel (Expert Member)

[Read/Download order]