Everybody is sitting in luxury: Delhi HC pans authorities over inaction in Yamuna cleaning issue

The Delhi High Court on Monday directed the Delhi Development Authority (DDA), the Municipal Corporation of Delhi (MCD), the Delhi government and Delhi State Industrial and Infrastructure Development Corporation (DSIIDC) to demarcate the boundary of Samaypur Badli and prepare a fresh redevelopment plan [Court on its own Motion v. Union of India & Ors]. 

A Bench of Justices Prathiba Singh and Manmeet Pritam Singh Arora passed this direction while hearing a suo motu case concerning the cleaning of the Yamuna river. 

"Redevelopment of these areas is absolutely essential to ensure that untreated sewage water does not flow into Yamuna. This fact has to be appreciated by all the authorities," the Court stated.

The Court had earlier directed the Delhi Jal Board (DJB) place on record a comprehensive action plan in respect of all the 37 sewage treatment plants (STPs) in Delhi. It had also ordered the DSIIDC to convene a meeting and file a report in respect of redevelopment of the industrial plots and industries.

It was later informed that there are 27 non-conforming industrial areas in Delhi and that DSIIDC is in the process of redeveloping these areas. 3 consultant architect agencies have been given the task to conduct surveys and prepare redevelopment plans. The Court was told that the layout plans were being examined jointly by DSIIDC, MCD and DDA. 

The Court was informed today that redevelopment plans for 25 non-conforming areas have been submitted and that the 2 non-conforming areas remaining are Samaypur Badli and Phirni Road in Mundka area.

It observed that the redevelopment plans were submitted to DDA but no approval was granted by it.

"DDA has not replied which has caused a complete stalemate in the redevelopment," the Court stated.

The Court directed DDA to hold a meeting with other authorities on August 31 and come up with a timeline as to when approvals shall be obtained for laying of sewer lines and stormwater drains.

"We have been managing this matter for one year and Samaypur Badli is sleeping. Everybody is sitting in luxury," Justice Singh remarked.

An application had been filed by the Rural Area Manufacturers Association before the Court. It stated that the layout plan and zonal development plan has not been considered for drawing out the redevelopment plan.

"Whenever any colony redevelopment is to be considered, subsequent zonal plans that have expanded the area have to considered failing which these areas would be left out from the redevelopment. It cannot be the purpose," Justice Singh stated.

The Court directed the DDA, the Delhi Industries Ministry, the MCD and the DSIIDC to consider the application and demarcate the boundary of Samaypur Badli for creating a fresh redevelopment plan.

"Some industries are feeling that their areas have been left out from development. The government will have to go there and do a physical inspection of the area. You can’t keep passing the buck. The boundary of Samaypur Badli has to be demarcated. The court cannot demarcate the areas for you," the Court stated.

Whereas, with respect to the redevelopment of Mundka area, the Court directed DSIIDC to prepare a fresh plan.

“This is a very important matter, this is the whole of Delhi,” Justice Singh said.

The Court was informed that 11 STPs have been upgraded, 28 new STPs have been commissioned and 13 more STPs will be commissioned by the DJB. It observed that some issues - including upgradation, augmentation and creation of new STPs - need to be addressed.

The local commissioner stated that the water was being treated partially and that this treated water was being mixed again with the untreated water. He stated that for this purpose, drains have to be laid as per the new STPs.

“This aspect has to be given top priority when tenders are floated,” the Court stated.

The next date of hearing is September 25.

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