Illegal Construction Threatens Ecologically Sensitive Yamuna Floodplains: Delhi HC Rejects Dhobi Ghat Slum Residents' Plea Against Demolition

The Delhi High Court has observed that Yamuna floodplains in the national capital is ecologically sensitive and any unlawful encroachment or construction in the area poses significant threat to it.

“The floodplain area is a designated prohibited activity zone and serves as a vital element of the river ecosystem. Encroachment upon this area disrupts the natural flow of water, resulting in the diversion of watercourses and contributing to flooding in adjacent regions,” Justice Dharmesh Sharma said.

“In fact, numerous experts assert that recurring floods in Delhi are largely man-made, primarily driven by unlawful encroachment on drains and riverbeds, which obstruct the natural flow of water into and within the River Yamuna, exacerbating the severity of the floods,” the Court added.

Justice Sharma made the observations while dismissing a plea filed by Dhobi Ghat Jhuggi Adhikar Manch seeking a direction on Delhi Development Authority (DDA) to suspend the demolition (if any) and maintain status quo at the JJ Slum situated at Dhobi Ghat at Batla House area until all residents were surveyed and rehabilitated as per the DUSIB Policy.

Dismissing the plea with Rs. 10,000 costs, the Court said that since the subject site was acquired by the DDA for the channelization and protection of River Yamuna, the removal of the petitioner union from there serves the greater public interest.

It added that as per DUSIB Act, 2010, and the 2015 Policy, not every slum dweller or JJ Basti is automatically entitled to alternate housing.

The Court said that Clause 2(a)(i) of the 2015 Policy (Part A) clearly stipulates that only those JJ Bastis established before January 1, 2006, are entitled to protection from removal without provision for alternate housing.

“The JJ Basti in question is not part of the 675 notified JJ Bastis listed by DUSIB, further establishing that the residents of the petitioner union are occupying the area illegally,” it said.

The Court also concluded that petitioner union had no locus standi to institute the petition and to espouse the cause of an unknown numbers of individuals without even specifying the exact area, size, or location of their plots.

Observing that such reliefs cannot be sought in writ jurisdiction in a blanket manner, the Court said that plea that the authorities failed to follow due process of law in carrying out demolition action could not be sustained in law.

"Further, the unlawful construction in the area poses a significant threat to the ecologically sensitive River Yamuna floodplains.Since the subject site was acquired by the DDA for the channelization and protection of the River Yamuna, the removal of the petitioner union from the subject site serves the greater public interest," it said further.

Title: DHOBI GHAT JHUGGI ADHIKAR MANCH v. DELHI DEVELOPMENT AUTHORITY & ORS.

Citation: 2025 LiveLaw (Del) 275

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