In a significant ruling by the Delhi High Court, the case of Tulsi Ram v. DDA addresses the restoration and rejuvenation of the Yamuna River Flood Plains. The court’s directions for removal of encroachments and ecological restoration highlight the importance of environmental preservation and larger public interest in the region. #DelhiHighCourt #YamunaRiver #FloodPlainsRestoration #LegalJudgement
Facts
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Analysis
- In Tulsi Ram v. DDA, the Court dismissed the writ petition based on the decision in Haq case.
- The Division Bench in Court on its own motion v. Union of India issued directions for restoration and rejuvenation of the Yamuna River Flood Plains.
- The directions include removal of encroachments from Yamuna River Flood Plains by DDA in coordination with all concerned agencies.
- The petitioner has no legal right, title, or interest to continue occupying the subject property on the Yamuna river bank.
- The petitioner’s claim of being a cultivator for over 30 years does not grant him any legal authority over the land.
- The property in question falls under Zone ‘O’ as per the Zonal Development Plan approved by the Ministry of Urban Development.
- Various measures are being taken for the rejuvenation of river Yamuna as per the Master Plan Delhi-2021, including ecological restoration and creating an ecological balance.
- The property is meant for larger public interest, and the petitioner cannot claim any vested rights to it.
- The petitioner’s attempt to label the property as ‘Ghat No 33’ contradicts the records of the Screening Committee for the restoration and redevelopment of the Kudasia Ghat area.
- All actions taken should align with the ecological restoration, maintenance, and protection of the flood plains of the Yamuna river.
- The DDA is not required to give any notice to the petitioner as there is no evidence that the shrine in question is of historic significance or dedicated to the public at large.
- The fact that the Religious Affairs Committee has not yet considered the demolition of the shrine does not impact the decision, as it is identified as a private shrine.
- Naga sadhus, being devotees of Lord Shiva, lead a life of detachment from worldly affairs, making the claim for property rights in their names incompatible with their beliefs and practices.
Decision
- The present Writ Petition has been dismissed.
- All pending applications have been disposed of.
Case Title: MAHANT SHRI NAGA BABA BHOLA GIRI THROUGH HIS SUCCESSOR AVINASH GIRI Vs. DISTRICT MAGISTRATE DISTRICT CENTRAL AND ORS (2024:DHC:4560)
Case Number: W.P.(C)-2377/2023
