HC directs DDA to fence Yamuna floodplains after clearing encroachments

The high court’s order comes days after the same bench, on July 8, directed DDA vice chairman to remove all encroachments and illegal construction on the Yamuna riverbank, riverbed and drains

The Delhi high court on Thursday directed the Delhi Development Authority (DDA) to properly fence the area around the Yamuna floodplains, after removing all encroachments and illegal constructions.

A previous anti-encroachment drive by the DDA on the Yamuna floodplains. (HT Archive)

“Vice chairman, DDA, is directed to ensure that as and when encroachment is removed, the area around the Yamuna floodplains is properly fenced so that there is no encroachment,” a bench of acting chief justice Manmohan and justice Tushar Rao Gedela said in the order.

The high court’s order comes days after the same bench, on July 8, directed DDA vice chairman to remove all encroachments and illegal construction on the Yamuna riverbank, riverbed and drains flowing into the river.

DDA has undertaken multiple projects since 2022 to restore the floodplains that includes the development of ghats and biodiversity parks, such as Asita East and Vasudev Ghat. Spread over a stretch of about 22 kilometres in the from the Wazirabad barrage to Okhla barrage on both banks, these floodplains are divided into 10 projects that are at multiple stages of development. The total project area taken under the restoration scheme is approximately 1,600 hectares, a minor chunk of which falls within the jurisdiction of the UP irrigation department.

DDA said that from June 2022 to July 2024, it freed 401.4 hectares by demolishing illegal structures, such as jhuggis, religious structures, dairies, playing fields and cultivations, among others. It said that in many cases, demolition drives were undertaken immediately after getting the premises vacated.

So far, the DDA has removed 4,439 jhuggis, 25 religious structures, six dairies and three cricket grounds that were built illegally. Also, 93 CCTV cameras have been installed at 27 locations to check the illegal dumping of debris in the floodplain area, it said.

HT reached out to DDA officials for comment, but they declined.

Experts called for caution while proceeding with demolitions and evicting people.

“This is a difficult terrain and a thin line to tread as communities and ecology both are vulnerable. The authorities need to create a balance between life and livelihoods of an entire group while restoring ecological stability. We need to realise that the people who may be displaced have their whole life in that space. There is a requirement to address the underlying issue of livelihood with access to decent affordable housing and civic services. This can be done by co-creating alternative plans with the community. There is an opportunity to set a precedent,” Prerna Mehta, associate program director, sustainable cities and transport, WRI India, said.

The court issued directions to prevent further encroachment of the floodplains while considering a plea filed by SD Windlesh, seeking directions to the civic authority to demolish a dargah and kabristan situated on the floodplains. The petition underscored that the structures were existing illegally on the western side of the Signature Bridge.

On Wednesday, Windlesh told the court that despite submitting a representation seeking the removal of the illegal structures on June 16, the authority was yet to take a call on it.

Considering the contention, the court directed DDA to take a call on the same within six weeks. “This court directs the vice chairman of DDA to decide the representation dated June 16, 2024, as expeditiously as possible, preferably within six weeks,” the court said.