New Delhi, March 3, 2025 – The Delhi High Court has upheld the Delhi Development Authority's (DDA) decision to remove nurseries from the Yamuna riverbed, deeming the current condition of the river as critical for any further interference in its restoration efforts. The court rejected a plea by a nursery welfare association operating in the Yamuna Khadar area, falling under Zone 'O' of the Master Plan for Delhi-2021, which includes the Yamuna Floodplains.
In its order, Justice Dharmesh Sharma emphasized that the continued occupation of the land by the nurseries constituted illegal encroachment. The court highlighted that the petitioners had no legal entitlement to remain on the land or to seek alternative allotments for their rehabilitation. The ruling further stated that any intervention at this stage would only delay the execution of crucial public projects aimed at securing the green cover of Delhi.
Restoration Efforts at Risk
The court stressed that the current state of the Yamuna River had surpassed a threshold where any further interference—be it for humanitarian or sympathetic reasons—could be justified. "The present condition of the Yamuna River has surpassed the threshold where any further interference in its rejuvenation and restoration efforts...cannot be justified," Justice Sharma remarked.
The petitioners had challenged the DDA's demolition of their nurseries, alleging that the action was carried out without a hearing and without physical demarcation of the land, as mandated by the National Green Tribunal (NGT) in 2019. However, the court found their claims to be unsubstantiated, pointing out that their plea was based on emotional appeals rather than any legitimate legal standing.
Floodplain Protection
The court also referred to the broader public interest involved in the matter, underscoring that the land in question falls within 'Zone-O' of the Master Plan for Delhi-2021, which pertains to the Yamuna's floodplains. As per the NGT’s directions, this zone is designated for the removal of all encroachments to facilitate the development of the 'Mayur Nature Park.'
The ruling reiterated that, as per multiple judicial directions, the area must remain free of encroachments for ecological restoration and flood management purposes. The court reinforced the DDA's authority to take necessary action in compliance with Supreme Court and NGT directives.
Legal Right of the Petitioners
In its final observations, the Delhi High Court firmly rejected the petitioners' claim to continued occupation of the land. "The petitioners are encroachers with no legal right to continue to use and occupy the land for any purpose," the court concluded, thereby affirming the DDA’s actions as legally sound and in the public interest.
With this ruling, the court has further solidified the importance of safeguarding the Yamuna riverbed and its surrounding areas for the betterment of Delhi's environmental and urban planning efforts.
In its order, Justice Dharmesh Sharma emphasized that the continued occupation of the land by the nurseries constituted illegal encroachment. The court highlighted that the petitioners had no legal entitlement to remain on the land or to seek alternative allotments for their rehabilitation. The ruling further stated that any intervention at this stage would only delay the execution of crucial public projects aimed at securing the green cover of Delhi.
Restoration Efforts at Risk
The court stressed that the current state of the Yamuna River had surpassed a threshold where any further interference—be it for humanitarian or sympathetic reasons—could be justified. "The present condition of the Yamuna River has surpassed the threshold where any further interference in its rejuvenation and restoration efforts...cannot be justified," Justice Sharma remarked.
The petitioners had challenged the DDA's demolition of their nurseries, alleging that the action was carried out without a hearing and without physical demarcation of the land, as mandated by the National Green Tribunal (NGT) in 2019. However, the court found their claims to be unsubstantiated, pointing out that their plea was based on emotional appeals rather than any legitimate legal standing.
Floodplain Protection
The court also referred to the broader public interest involved in the matter, underscoring that the land in question falls within 'Zone-O' of the Master Plan for Delhi-2021, which pertains to the Yamuna's floodplains. As per the NGT’s directions, this zone is designated for the removal of all encroachments to facilitate the development of the 'Mayur Nature Park.'
The ruling reiterated that, as per multiple judicial directions, the area must remain free of encroachments for ecological restoration and flood management purposes. The court reinforced the DDA's authority to take necessary action in compliance with Supreme Court and NGT directives.
Legal Right of the Petitioners
In its final observations, the Delhi High Court firmly rejected the petitioners' claim to continued occupation of the land. "The petitioners are encroachers with no legal right to continue to use and occupy the land for any purpose," the court concluded, thereby affirming the DDA’s actions as legally sound and in the public interest.
With this ruling, the court has further solidified the importance of safeguarding the Yamuna riverbed and its surrounding areas for the betterment of Delhi's environmental and urban planning efforts.
