New Delhi, May 26 (IANS) The Delhi High Court has observed that the existence of residential colonies in Zone ‘O’ of the Yamuna floodplains is “completely impermissible” and directed the Centre to take an urgent decision on the future of 91 unauthorised colonies housing nearly 5 to 6 lakh people in the ecologically sensitive area.
A Division Bench of Justices Prathiba M. Singh and Manmeet Pritam Singh Arora said that no fresh construction can be permitted in Zone ‘O’, which forms part of the Yamuna floodplains, and asked the Union Ministry of Housing and Urban Affairs (MoHUA) to place before the Delhi High Court its decision regarding the colonies by the next date of hearing. “Insofar as Zone ‘O’ is concerned, the same is part of the Yamuna Flood Plains.
This Court thinks that the existence of any residential colonies in Zone ‘O’ would be completely impermissible and would also not be conducive to the environment, as also to the river bed area,” the Justice Singh-led Bench observed.
The Delhi High Court was hearing a petition concerning unauthorised constructions and encroachments in Zone ‘O’, where it had earlier noted rampant illegal construction activity and ambiguity over whether colonies situated there were protected under the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2011.
During the hearing, Additional Secretary in the MoHUA, D. Thara, joined the proceedings virtually after being directed to clarify the Centre’s stand.
The Centre’s official informed the Delhi High Court that while 1,511 unauthorised colonies in the national Capital had been notified for regularisation on an “as-is, where-is” basis on April 8, 2026, colonies falling in Zone ‘O’ were excluded from regularisation.
However, the Centre clarified that temporary protection from punitive action under the Special Provisions Act would continue to apply to unauthorised colonies in Zone ‘O’ till December 31, 2026.
The affidavit filed by the MoHUA stated that no ownership rights are being conferred upon residents of colonies located in Zone ‘O’ and the Yamuna floodplain areas.
The Delhi High Court was also informed that discussions are underway between the Centre, the Delhi government, and other departments regarding the rehabilitation of residents and the future treatment of the Zone ‘O’ colonies. In its order, the Justice Singh-led Bench noted that nearly 1 lakh houses exist in the 91 colonies and observed that a detailed strategy would be required to address the issue.
At the same time, it directed the Delhi Development Authority (DDA) to ensure that no fresh construction takes place in Zone ‘O’, “even under the garb of repair or renovation”.
The order further took serious note of continuing unauthorised construction activity in areas including Jagatpur Village, Wazirabad Village, Ram Ghat, and New Aruna Nagar (Majnu Ka Tila), despite repeated directions. Referring to photographs placed on record by the DDA and Municipal Corporation of Delhi (MCD), the Delhi High Court remarked that “right under the supervision of Engineers of the MCD, the unauthorised construction in Zone ‘O’, which is so freshly made, is being carried out”.
Accordingly, it directed the MCD to place the names of the concerned Executive Engineers of the affected areas and ordered that the officers remain present during the next hearing. The MCD Commissioner was also directed to file a status report detailing the action taken against the Executive Engineers, Junior Engineers, and Assistant Engineers concerned, as well as the demolition measures initiated against illegal structures.
The Delhi High Court further directed that a meeting be convened on June 8 by the MoHUA involving officials of the DDA and MCD to chalk out measures for stopping further unauthorised construction and carrying out demolition drives in Zone ‘O’. The matter has been listed for further hearing on July 25.
–IANS
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