Delhi HC bans commercial, religious activities on Yamuna floodplains at Sur Ghat

New Delhi: The Delhi High Court has directed the Delhi Development Authority (DDA) to ensure that no commercial or religious activity takes place on the Yamuna floodplains at Sur Ghat, observing that the ecologically sensitive area cannot be used even for parking purposes.

A single-judge Bench of Justice Jasmeet Singh said that no activity, including parking of vehicles for commercial purposes, should be permitted on the land situated in Zone-O of the Yamuna floodplains.

“It is directed that the respondent No.1/DDA shall ensure that no activity is allowed to take place on the said land, including parking of any vehicle for any kind or for any commercial purpose, even if it may be for the convenience of people coming to pay respect/homage to the river on any auspicious occasion,” the Delhi High Court said.

It added that in view of environmental protection concerns and the ecological sensitivity of the area, “all types of commercial/religious activities for any purpose whatsoever shall be restricted from the said area”.

The direction came while disposing of a petition filed by one Suresh Kumar seeking restoration of possession of a parking site at Yamuna Sur Ghat in accordance with a Notice Inviting Tender (NIT) issued by the Municipal Corporation of Delhi (MCD) in September 2022.

The petitioner submitted that he was declared the highest bidder for operating the parking site and was granted possession for a period of three years after depositing security and advance licence fee amounts. During the hearing, the Delhi High Court was informed that while DDA had handed over only 2,508 square metres of land to the MCD, the civic body allotted 3,780 square metres to the petitioner. Subsequently, the DDA withdrew the permission granted to the MCD, and the allotment of the parking site was cancelled on January 31, 2025.

In its order, the Delhi High Court noted a submission made on behalf of the DDA that the parking site at Sur Ghat was urgently required to be vacated for development purposes and that the land forms part of the Yamuna floodplains.

Rejecting the plea for restoration of the parking site, it observed that the petitioner had not challenged the cancellation order and that disputed questions relating to the validity of the cancellation and compensation could not be adjudicated in writ proceedings.

“The question regarding the correctness and validity of the cancellation and the petitioner’s entitlement to compensation are disputed questions of fact, which certainly cannot be adjudicated in the present writ petition,” Justice Singh observed.

Granting liberty to the petitioner to seek damages through a civil suit, the Delhi High Court further directed the DDA to make alternative parking arrangements away from the Yamuna floodplains, if required for visitors coming to worship the river during auspicious occasions.

“If, in case the respondent No.1/DDA is of the opinion that parking space is required to be provided to people coming to worship at the river on any auspicious occasion, the respondent No.1/DDA is directed to make alternative arrangements accordingly, away from the Yamuna Flood Plains without disturbing the ecologically sensitive area,” the order said.

IANS