New Delhi: The Delhi High Court on Friday
declined to stay the construction of an embankment by the city
government on the flood plain of the river Yamuna where the
world`s largest bus depot has been built.
The court, however, said construction of any permanent
structure on the river front would be subjected to the outcome
of a PIL filed by an NGO alleging that construction such a
structure, including the bus depot, would cause environmental
disaster as it is located on the active flood plain and water
A division bench of Chief Justice Dipak Misra and Justice
Sanjiv Khanna said an application filed by Vinod Jain, an
environmentalist, seeking a stay on the construction of the
embankment will be taken up along with the PIL and fixed March
9 for further hearing of the matter.
"The Delhi government is proceeding to encroach upon the
river flood plain in utter disregard to the zonal development
plan 2021 of the DDA, approved by the Ministry of Urban
Development...," the petitioner alleged.
"The action of the government is all the more violative
of the concept of good governance for it has, instead of
setting an example in showing respect to the law, carried out
the construction which is violative of the zonal plan....",
the petitioner added.
Earlier, Jain had filed a PIL through counsel Arvind
Shah saying the bus depot was constructed for a temporary
period in view of the Commonwealth Games 2010 after which the
government should leave the area in its original form as flood
He also said the construction of the depot near
Nizamuddin bridge would cause environmental disaster as the
depot is located on the active flood plain and water
He said the authorities have ignored the provisions of
the Masterplan and the Zonal plan by allowing the construction
which would jeopardise the efforts for rejuvenation of the
river Yamuna and its flood plains.
"River Yamuna has been placed in Zone`O` considered as
eco-sensitive. Even the Central Ground water Authority (CGWA)
has identified the entire area as potential acquifer for the
management of ground water resources. Construction of the
depot is not environment regenerating....," the petitioner
said in the PIL.