Delhi High Court Restricts Commercial, Religious Activities On Yamuna Flood Plains; Asks DDA To Make Alternative Parking Arrangements
The Delhi High Court was considering a writ petition seeking the issuance of a direction to the DDA to restore the possession of a parking site.
Justice Jasmeet Singh, Delhi High Court
The Delhi High Court has restricted all types of commercial/religious activities on the Yamuna Flood Plains in the interest of environmental protection of the ecologically sensitive area. The High Court further clarified that the Delhi Development Authority (DDA) can make alternative arrangements away from the plains if parking space is required for people coming to worship at the river on any auspicious occasion.
The High Court was considering a writ petition filed under Article 226 of the Constitution seeking issuance of a direction to the DDA to restore the possession of the parking site situated at Yamuna Sur Ghat, in accordance with the NIT 907 dated September 27, 2022, issued by the MCD.
The Single Bench of Justice Jasmeet Singh held, “In view of the interest of environmental protection and the area being ecologically sensitive, all types of commercial/religious activities for any purpose whatsoever shall be restricted from the said area. If, in case the respondent No. 1/DDA is of the opinion that parking space is required to be provided to people coming to worship the river on any auspicious occasion, the respondent No. 1/DDA is directed make alternative arrangements accordingly, away from the Yamuna Flood Plains without disturbing the ecologically sensitive area.”
Advocate Raghav Saluja represented the Petitioner, while Standing Counsel Prabhsahay Kaur represented the Respondent.
Factual Background
A memorandum of understanding (MoU) was executed between the first respondent, Delhi Development Authority (DDA) and Municipal Corporation of Delhi (MCD) governing the handing over and management of parking sites, including the site at Yamuna Sur Ghat. The possession of land admeasuring 2508 sq. meters at Yamuna Sur Ghat was handed over to the Corporation, which issued a Notice Inviting Tender inviting bids for allotment of multiple parking sites, including Yamuna Sur Ghat and Adarsh Nagar cluster sites.
The petitioner was declared the highest bidder to run the parking site and was consequently issued an allotment/possession letter. The physical possession of the parking sites was handed over to the petitioner. The DDA informed the MCD that only an area measuring 2508 sq. meters at the first parking site was transferred to it by the DDA. However, MCD had allotted an area of 3780 sq. meters to the petitioner. Thereafter, the DDA cancelled the permission given to MCD, and consequently, the MCD cancelled the parking site allotted to the petitioner. It was in such circumstances that the petitioner approached the High Court.
Reasoning
The Bench took note of the fact that, as per the respondent/DDA, the land in question fell under Zone O at the Yamuna Flood Plains and could not be used for commercial purposes.
“Hence, it is directed that the respondent No. 1/DDA shall ensure that no activity is allowed to take place on the said land, including parking of any vehicle for any kind or for any commercial purpose even if it may be for the convenience of people coming to pay respect/ homage to the river on any auspicious occasion”, it ordered.
The Bench thus disposed of the petition by passing an order banning all types of commercial/religious activities for any purpose.
Cause Title: Suresh Kumar v. Delhi Development Authority & Anr. (Case No.: W.P.(C) 5894/2026)
Appearance
Petitioner: Advocates Raghav Saluja, Daksh Tomar
Respondent: Standing Counsel Prabhsahay Kaur, Advocates Bir Inder Singh Gurm, Tushar Sannu, Pulak Gupta Joshi