Yamuna River Has Surpassed Threshold, Interference In Its Restoration Not Justified: Delhi HC Rejects Plea Against Uprooting Of Nurseries

The Delhi High Court has observed that the Yamuna river in the national capital has surpassed the threshold and any interference in its restorative and rejuvenation is not justified.

“The present condition of the Yamuna River has surpassed the threshold where any further interference in its rejuvenation and restoration efforts—whether under the guise of humanitarian or sympathetic considerations—cannot be justified,” Justice Dharmesh Sharma said.

The Court was dealing with a plea moved by a nurseries welfare association working in the area of Yamuna Khadar falling in Zone 'O' of the Master Plan for Delhi-2021 i.e., the Yamuna Floodplains.

The association was aggrieved by Delhi Development Authority (DDA) action of uprooting their nurseries and destroying all the plantation with bulldozers.

It was claimed that the said demolition drive was conducted by DDA without giving an opportunity to be heard to the association members and without conducting a physical demarcation of the subject land as per the directions of the National Green Tribunal in 2019.

Justice Sharma observed that the petitioners woefully failed to demonstrate any reasonable and justifiable grounds to be afforded protection from dispossession over the subject land.

“Apart from a flimsy attempt to tug at the conscience of this Court by proclaiming themselves to be the guardians of the environment, the petitioners have brought nothing tangible or legitimate on the record to convince this Court that they are entitled to continue occupation on the subject land or for that matter, entitled to be rehabilitated by the respondents,” the Court said.

It added that the National Green Tribunal has in various orders reiterated that the floodplains of Yamuna should not be permitted for construction, occupation or habitation and it is the duty of the DDA to maintain the natural features and ecology of the Yamuna floodplain.

The Court said that the land in question fell under the Zonal Development Plan for Zone- 'O' and is required to be rid of encroachments, in the larger public interest, in terms of directions passed by the Supreme Court and the National Green Tribunal.

“The present condition of the Yamuna River has surpassed the threshold where any further interference in its rejuvenation and restoration efforts—whether under the guise of humanitarian or sympathetic considerations—cannot be justified. Any such intervention would only serve to hinder and delay the timely execution of the Public Projects referred hereinbefore,” the Court said while rejecting the plea.

Title: HARIT NURSERIES WELFARE ASSOCIATION (REGD.) & ANR. v. DELHI DEVELOPMENT AUTHORITY & ORS.

Citation: 2025 LiveLaw (Del) 257

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