Order of the National Green Tribunal regarding construction on Yamuna floodplain, Delhi, 19/05/2023
Order of the National Green Tribunal in the matter of Nizamuddin West Association Vs Union of India & Others dated 19/05/2023.
The application was filed by DDA for permission for installation of a lighthouse in the greenway, adjacent to the Yamuna flood plains, for additional surveillance and security of the flood plains. The applicant said that there is prohibition of any construction in flood plain zone unless such activity is of exceptional nature for protection of flood plain or otherwise.
The NGT said that on principle, there can be no objection to the proposal if its approved by high level committee (HLC) and is meant for the protection of flood plain zone and is within the purview of permissible activity in terms of the NGT order, January 13, 2015 and River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016. This will require examination of the details of the project with its location in context of notified flood plain zone, structural designs, maintenance infrastructure like power backup, basic amenities support and construction period with integrated environmental management requirements.
The court was of the opinion that further appraisal of activity being permissible should be by NMCG and if permission is given considering all relevant parameters, suitable safeguards found necessary for protection of the flood plain zone of Yamuna be adopted.
The NMCG was asked to make a decision preferably within one month of receiving the proposal. Statutory regulators need to oversee compliance as per law, the order said.