Court Affirms Land on Yamuna Flood Plains Cannot Be Used for Commercial Purposes, Directs DDA to Make Alternative Arrangements
In a significant decision underscoring the importance of environmental protection, the Delhi High Court, under the judgment of Justice Jasmeet Singh, has annulled the tender awarded for a parking site at Yamuna Sur Ghat. The site, categorized under Zone - O, falls within the Yamuna Flood Plains, a designation that prohibits its use for commercial activities due to its ecological sensitivity.
The case arose when Suresh Kumar, the petitioner, challenged the cancellation of his tender by the Delhi Development Authority (DDA). Kumar was initially awarded the tender following a Notice Inviting Tender (NIT) issued by the Municipal Corporation of Delhi (MCD) on September 27, 2022. The tender permitted him to operate multiple parking sites, including the one at Yamuna Sur Ghat, for a period of three years.
However, the DDA later informed the MCD that the land allocated for parking exceeded its transferred possession, leading to the cancellation of the tender. Kumar's plea requested the restoration of the parking site, citing a lack of development on the land as a basis for reinstatement.
Justice Singh, after reviewing submissions from both parties, asserted that the land in question is part of the ecologically sensitive Yamuna Flood Plains and falls under Zone - O. Consequently, any commercial or religious activities, including parking, are restricted to safeguard environmental interests. The court permitted Kumar to seek damages through a civil suit, acknowledging disputed questions of fact that remain unresolved.
Furthermore, the DDA has been directed to refrain from allowing any activities on the specified land. Should parking facilities be deemed necessary for visitors on auspicious occasions, the DDA is instructed to arrange alternative sites that do not interfere with the flood plains or its ecological balance.
This judgment highlights the judiciary's commitment to environmental preservation, reinforcing the limitations on land use in sensitive zones. It serves as a reminder of the legal obligations to prioritize ecological considerations over commercial interests, particularly in areas identified for protection.
Bottom line:-
Land on Yamuna Flood Plains categorized under Zone - O cannot be used for commercial purposes, including parking activities, considering the ecological sensitivity and environmental protection.
Statutory provision(s): Article 226 of the Constitution of India
Suresh Kumar v. Delhi Development Authority, (Delhi) : Law Finder Doc id # 2897183
