National Green tribunal asks for redefinition of floodplains

The National Green Tribunal (NGT) has observed that despite multiple orders, the floodplain of the Yamuna river has not been freed from encroachments.

The NGT said this while hearing a plea to execute its 2019 order for removing encroachments. In an order dated February 6, a bench of NGT Chairperson Justice Prakash Shrivastava said, "After the tribunal's (2019) order, more than five years have passed but till now, the order has not been complied with."

The bench, also comprising judicial member Justice Arun Kumar Tyagi and expert member Afroz Ahmad, said a division bench of the high court had, in April 2024, directed the Delhi Development Authority (DDA), in coordination with all agencies concerned, to ensure the removal of encroachments from the river's floodplain.

Another division bench passed an interim order the same month, directing the DDA vice-chairman to remove all encroachments and illegal constructions from the banks of the river, the tribunal said.

It said the Supreme Court, in January last year, concurred with the concerns expressed by the tribunal about the need for removing encroachments and agreed that the floodplain had to be maintained in the larger interest of the public and the environment.

"Despite these orders by the NGT, a division bench of the Delhi High Court and the Supreme Court, the floodplain of the river Yamuna in its Delhi stretch has not been cleared of encroachments," the tribunal said.

Trashing the DDA's argument that these orders were not complied with because of an interim order of the high court, the tribunal said there was no evidence to show that an appeal was made against the said order.

The NGT said the DDA has also failed to comply with its October 2024 order to provide certain details, such as the number of encroachments on the river's floodplain and the number of encroachments existing in Majnu Ka Tila, excluding the encroachments by refugees from Pakistan.

It said the DDA has further failed to disclose the number of refugee families that have taken shelter in Majnu Ka Tila.

The tribunal noted the submissions of the DDA's counsel, who said "a serious effort" would be made to comply with the directions of the courts and the NGT.

It gave four weeks to the counsel to file an affidavit disclosing the agency's attempt to comply with the orders.

The matter has been posted on April 4 for further proceedings.