Yamuna pollution at all-time high, says HC, junks petition by residents for a stay on eviction notice

New Delhi: Highlighting that pollution levels in the Yamuna are at "an all-time high", Delhi High Court has refused to stay an eviction notice issued by DDA to residents of an unauthorised colony located on the floodplain.
HC rejected the claim of the residents that their colony in south Delhi did not fall in the floodplain, as the risk of flooding was only once in 25 years.
"Even if it is assumed that Shram Vihar Colony is situated outside the floodplain, it falls within zone ‘O', which is ecologically fragile, is being primarily used for horticulture and has a wealth of flora and fauna," a bench of Chief Justice Manmohan and Justice Tushar Rao Gedela noted in a recent order.
"It needs to be borne in mind that zone ‘O' has been conceived for the Yamuna's rejuvenation and eco-friendly development in line with the river and its morphology," it added. Dismissing the applications, it said the occupants were not entitled to any stay on the eviction notices.
The court also referred to the recent findings of Delhi Pollution Control Committee, which said the fecal coliform levels were 1,959 times the permissible limit and 9,800 times the desired limit where the river exits the city. It added that the fecal level was at an all-time high in Sept 2024, with untreated sewage flowing into the river from nearby unauthorised colonies being one of the main reasons.
The counsel for the residents contended that the colony did not fall within the floodplain of the Yamuna while relying on the NCT of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019. He claimed the colony was situated on private land.
However, DDA said the colony fell in zone ‘O' and in the definition of floodplain as mentioned in the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016. It said Shram Vihar had not been included in the list of 1,731 unauthorised colonies recognised by Delhi govt and was not due for recognition in the future.
The court then noted that though the residents claimed the colony to be on private land, they had neither brought on record any sanctioned plan nor any completion certificate post-construction.
"It is a settled law that even owners of private land have to take permission from the statutory authority before carrying out any construction, and if that is not done, the construction is liable to be demolished," the bench said.