Rakia Imran
On 28th February, 2025, Delhi High Court has observed that the Yamuna River in the capital has reached a critical stage, making it necessary to ensure its restoration without any external interference or obstruction in the case of Harit Nurseries Welfare Association (Regd.) & Anr. v. Delhi Development Authority & Ors.
After hearing a petition from a Nurseries Welfare Association, working in the Yamuna Khadar area, classified as Zone ‘O’ under the Master Plan for Delhi-2021, the Court examined their grievances against the Delhi Development Authority (DDA).
The association challenged the demolition of their nurseries and the destruction of all plantations using bulldozers. They contended that the DDA had taken this action without following due process i.e. granting a fair hearing to the affected parties and conducting a physical demarcation of the land, as mandated by the National Green Tribunal. Justice Dharmesh Sharma remarked that the petitioners had completely failed to establish any valid or legally justifiable reason that would entitle them to protection from being removed from the respective land. The Court found no substantial grounds to support their claim for continued possession. “Apart from a flimsy attempt to tug at the conscience of this Court by proclaiming themselves to be the guardians of the environment, the petitioners have brought nothing tangible or legitimate on the record to convince this Court that they are entitled to continue occupation on the subject land or for that matter, entitled to be rehabilitated by the respondents”, the Court said.
The Court pointed out that the National Green Tribunal, through various rulings, has repeatedly stressed that the Yamuna floodplains should remain free from construction, occupation, or human habitation. It affirmed that the DDA holds the responsibility of maintaining the ecological and natural balances of the floodplain. “The present condition of the Yamuna River has surpassed the threshold where any further interference in its rejuvenation and restoration efforts—whether under the guise of humanitarian or sympathetic considerations—cannot be justified. Any such intervention would only serve to hinder and delay the timely execution of the Public Projects referred hereinbefore,” the Court said while rejecting the plea.
Case Name: Harit Nurseries Welfare Association (Regd.) & Anr. v. Delhi Development Authority & Ors.
Case Number: W.P.(C) 2687/2020
Bench: Justice Dharmesh Sharma
Click here to access the order.
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