NEW DELHI: The Delhi High Court has raised alarm over record-high pollution levels in the Yamuna River, as it denied a request to halt the eviction of residents from Shram Vihar, an unauthorised colony located in the river’s ecologically sensitive floodplain.
A bench led by Chief Justice Manmohan and Justice Tushar Rao Gedela dismissed the plea, stressing that the area falls within zone ‘O’, a fragile ecological zone earmarked for the rejuvenation of the river.
The court rejected the argument that the colony’s location outside the floodplain, with only a one-in-25-year flood risk, justified its continued existence. The bench pointed out that the area is vital for horticulture and is home to a diverse ecosystem. “Zone ‘O’ is designated for the restoration of Yamuna’s natural flow and development in harmony with the river,” the court noted.
Referring to a recent report by the Delhi Pollution Control Committee, the court expressed concern over faecal contamination levels being nearly 2,000 times the permissible limit, driven largely by untreated sewage from unauthorised settlements. With pollution in the Yamuna at an unprecedented level, the court underscored the urgent need for protective measures.
The residents of Shram Vihar had sought protection under regulations meant to recognise unauthorised colonies, claiming the land was private.
However, the Delhi Development Authority (DDA) countered that the colony lies in a protected zone and is not on the list of recognised unauthorised colonies.
Advocate Prabhsahay Kaur, representing the DDA, argued that the colony fell in zone ‘O’, which was conceived for rejuvenation and eco-friendly development in line with the river and its morphology.
According to Kaur, Shram Vihar had not been included in the list of 1,731 unauthorised colonies recognised by the Delhi government and was not due for recognition in future.
The court noted that though the applicants 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 a 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 underlined.