Delhi High Court Upholds ₹11 Lakh Penalty On School Bus Operator For Parking Buses On 'Environmentally Sensitive' Yamuna Floodplains
The Delhi High Court has upheld ₹11 lakh penalty imposed on a school bus operator for parking 22 buses on the Yamuna floodplains, holding that commercial parking in the ecologically sensitive area is an illegality in itself and cannot be justified merely because the buses were not involved in dumping waste.
Justice Jasmeet Singh dismissed a petition filed by the registered transport business operator, providing pick-up and drop-off services for school children using eco friendly CNG buses.
The Petitioner had challenged multiple penalty notices issued by the Delhi Development Authority (DDA), imposing a fine of ₹50,000 per bus for 22 buses parked beneath the flyover opposite Mayur Vihar Phase-I Metro Station, within the Yamuna floodplains.
The Petitioner submitted that buses had to be parked there since the school premises were under renovation. He contended that the penalty of ₹50,000 per bus was unjustified as the buses were merely parked and had not dumped any waste in the Yamuna or its floodplains.
He further argued that the National Green Tribunal's 2015 judgment prescribed a ₹50,000 compensation only for illegal dumping of debris, and therefore, at best, a penalty of ₹5,000 could have been levied.
Rejecting the contention, the Court observed,
"…..the endeavour of the NGT as well as the Courts have been to prevent Yamuna floodplains from encroachment and illegal parking, and particularly “dumping of waste in the river”, is only an incidental offshoot thereof," it said.
The Court added, "….the fact that buses were parked on the Yamuna floodplains is in itself an illegality as no commercial activity of any kind can be allowed to take place in an environmentally sensitive area i.e., Yamuna floodplains. The illegal parking alongwith photographs also show garbage and dumping of waste.”
As such, the Court upheld the penalty and dismissed the petition.
Appearance: Dr. Ashwani Bhardwaj with Mr Vinay Jaiswal Ms Sarika Suman, Advs. for Petitioner; Ms. Prabhsahay Kaur, Standing Counsel DDA, Mr. Aditya Verma, Mr. Kamlendu Pandey, Advs. for Respondent
Case title: Pradeep Kumar Gupta v. DDA
Case no.: W.P.(C) 9909/2026