HC: No unauthorised structure permitted on Yamuna floodplain

New Delhi: Yamuna floodplain, an eco-sensitive zone, has to be zealously protected from encroachment and no structure, religious or otherwise, can be permitted to stand there and has to be necessarily removed, the Delhi High Court has said.

A division bench headed by Acting Chief Justice Manmohan refused to interfere with an order of a single judge allowing demolition of ‘Prachin Shiv Mandir’ -- which was built near the river in Geeta Colony area, noting that the appellant, ‘Prachin Shiv Mandir Avam Akhada Samiti’, did not have even a “single scrap of a document” to show any legitimacy.

“(The appellant) does not dispute that the said temple was on a site which is located within the Restoration and Rejuvenation of Yamuna River Floodplain Asita, East U.P. land (86 Hectares) from ITO Barrage to old Iron Railway Bridge..

It is apparent that the temple has been constructed unauthorisedly on encroached land in an eco-sensitive zone area. If that is so, no structure, religious or otherwise, can be permitted to stand and have to be necessarily removed. More so, the Yamuna River Floodplain has to be zealously protected from such encroachment and unauthorized constructions,” said the bench, also comprising Justice Tushar Rao Gedela, in its order passed on July 10.

Observing that the entire structure comprising the temple had already been demolished by the DDA, the court said even otherwise, nothing survived for further consideration.

The appellant claimed that it was established as a society by a distinguished priest, renowned for founding 101 Shiv Lingas, and the temple stood on one of such revered Shiv Lingas.

It assailed the demolition order on the grounds that it received no formal notice from the authorities and the land belonged to the State of Uttar Pradesh (UP) and not the DDA.

The appellant also alleged that no opportunity was granted by the Religious Committee before it recommended the demolition.