The Delhi High Court has refused to restore a parking site allotted at Yamuna Sur Ghat and directed the Delhi Development Authority (DDA) to ensure that no commercial or religious activity takes place on the ecologically sensitive Yamuna flood plains area.
Justice Jasmeet Singh passed the order while hearing a petition seeking restoration of possession of a parking site allotted pursuant to a 2022 tender issued by the Municipal Corporation of Delhi (MCD).
According to the petition, the MCD had issued a Notice Inviting Tender (NIT) in September 2022 for multiple parking sites, including Yamuna Sur Ghat. The petitioner was declared the highest bidder and was granted possession of the parking site for a three-year period upon payment of licence fees and security deposits.
The petitioner claimed that after commencing operations in January 2023, the allotment was subsequently cancelled following communication from the DDA stating that only a smaller area had originally been transferred to the MCD and that the site was urgently required for development purposes.
Appearing for the DDA, counsel submitted that the land falls within Zone-O and forms part of the Yamuna flood plains, making it unsuitable for commercial use.
The Court noted that the cancellation of the allotment had not been specifically challenged in the writ petition and observed that questions relating to the validity of the cancellation and entitlement to compensation involved disputed facts which could not be adjudicated in writ proceedings. The Court granted liberty to the petitioner to pursue appropriate civil remedies for damages, if advised.
Emphasising environmental protection, the Court directed the DDA to ensure that no activity, including vehicle parking for commercial purposes, is permitted on the land, even during religious or auspicious occasions connected with worship of the river.
The Court further observed that all forms of commercial and religious activities must remain restricted in the ecologically sensitive area. However, it clarified that if parking arrangements are required for devotees visiting the river during special occasions, the DDA may create alternative parking facilities away from the Yamuna flood plains without disturbing the sensitive ecosystem.
Appearances:
For the Petitioner: Mr. Raghav Saluja and Mr. Daksh Tomar, Advs.
For the Respondent: Ms. Prabhsahay Kaur, SC with Mr. Bir Inder Singh Gurm, Adv. for R-1/ DDA
Mr. Tushar Sannu, Ms. Pulak Gupta Joshi, Advs. for MCD
