“Completely Impermissible”: Delhi High Court Warns Against Fresh Construction In Yamuna Floodplains' Zone "O"

The Delhi High Court has observed that residential colonies in Delhi's Yamuna floodplain area, classified as Zone 'O', are “completely impermissible”, while noting that 91 unauthorised colonies in the area continue to enjoy temporary protection from punitive action till December 31, 2026 under the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011.

A division bench of Justices Prathiba M Singh and Manmeet Pritam Singh Arora also expressed concern over continuing illegal construction in the ecologically sensitive zone and warned that action may be taken against officials responsible for permitting fresh unauthorised structures.

“It is clear that right under the supervision of Engineers of the MCD, the unauthorised construction in Zone `O' which is so freshly made is being carried out. Accordingly, the names of the concerned Executive Engineers of the above areas falling in Zone `O', shall be placed before the Court on the next date and the said Executive Engineers shall also remain present on the next date of hearing,” the Court ordered.

The development came in an ongoing matter concerning rampant unauthorised construction and encroachments in Zone 'O', which forms part of the Yamuna floodplains in the national capital.

The Court noted that while colonies in Zone 'O' have not been regularised, occupants are presently protected from punitive action till the end of 2026.

Clarifying the Centre's position, the Ministry of Housing and Urban Affairs (MoHUA) informed the Court through an affidavit that the temporary protection under the Special Provisions Act extends even to unauthorised colonies situated in Zone 'O'. However, no ownership rights are being conferred upon residents of these colonies.

The Court was told that around 5-6 lakh people reside in these 91 colonies, translating to nearly one lakh houses, and discussions are underway between the Centre, GNCTD and other agencies regarding rehabilitation and future treatment of the area.

At the same time, the bench stressed that no fresh construction can be permitted in the floodplain zone. It directed the Delhi Development Authority (DDA) to ensure that no new construction takes place in Zone 'O', “even under the garb of repair or renovation.”

The Court also took note of status reports and photographs showing fresh unauthorised construction in areas including Jagatpur Village, Wazirabad, Ram Ghat and New Aruna Nagar (Majnu Ka Tila).

It directed MoHUA, MCD and DDA officials to hold a meeting on June 8 and place an action taken report on record detailing steps to stop fresh encroachments and demolish illegal constructions in Zone 'O'.

Appearance: Mr. Rajiv Kumar Ghawana, Mr. Vikal Chardela and Mr. Shivam Chaudhary, Advs. for Petitioner; Mr. Ajjay Arora, Sr. Adv. with Mr. Kapil Dutta and Mr. Vansh Luthra, Advs. for R-1 & R-2. Mr. Anubhav Gupta, Panel Counsel ( Civil) GNCTD, Mr. Kartik Sharma, Adv. for GNCTD. Mr. Kailash Vasudev,Sr. Adv. with Ms. Prabhsahay Kaur (standing counsel), Ms. Deeksha L. Kakar (Panel Lawyer), Mr. Aditya Verma, Mr. Rashneet Singh, Ms. Sana Parveen, Advs. AlongwithDr. Mannan Akhtar, Commissioner (LM), Mr. Ajay Kadian, Director (LM-II), Mr. Pradeep Kumar, AD (LMCordination), Mr. DurganandMinz, DD (GIS), Mr. Mayank Yadav, (Tehsildar Nazul), Mr. Bijndra Kumar, DD (Horticulture). for DDA. Mr. Kamal Kant Jha,CGSC with Mr.Aishwarya Deep Singh and Ms. Aakriti, Advs. Mr. Bhagvan Swamp Shukla CGSC with Mr. Sarvan Kumar, Mr. Mukesh Pandey, Advs. for UOI. Ms. Thara,Additional Secretary.

Case title: Vijay Kumar Diwakar v. SDMC

Case no.: W.P.(C) 5751/2014

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