D D A Vs. RAJENDRA SINGH

JUDGEMENT

(1.) ALL these special leave petitions are directed against the common judgment and order dated 03.11.2008 of the High Court of Delhi in W.P. (C) Nos. 6729 and 7506 of 2007 which, inter alia, issued certain directions for setting up of a Committee to enquire as to whether the Commonwealth Games Village (CGV) site complex is situated on the Yamuna "riverbed" or "floodplain" and further observed that any construction made or third party rights created are at the peril and risk of the Organisers/Government. Aggrieved by the said judgment, Delhi Development Authority (in short "DDA") has filed S.L.P. (C) Nos. 29055- 29056 of 2008, Ministry of Urban Development and Poverty ALLeviation has filed S.L.P. (C) No. 30075 of 2008 and Ministry of Youth Affairs and Sports has filed S.L.P. (C) Nos. 4408-4409 of 2009 as well as S.L.P. (C) Nos. 6029- 6030 of 2009 and Organizing Committee, Commonwealth Games has filed S.L.P.(C) Nos. 31123-31124 of 2008. Vinod Kumar Jain, petitioner in W.P.(C) No. 6729 of 2007 before the High Court of Delhi, has filed S.L.P. (C) No. 30112 of 2008 and Rajendra Singh and Ors petitioners in W.P. (C) No. 7506 of 2007 before the High Court have filed S.L.P. (C) No. 6256 of 2009 praying for stopping all construction activities on the riverbed of Yamuna other than CGV site and Delhi Metro Rail Corporation. Since all the special leave petitions arise from the common judgment, all are being disposed of by the following judgment.

(2.) LEAVE granted in all the special leave petitions.

(3.) REFUTING the apprehensions and the allegations of the public interest litigants, the Respondents therein i.e. the Central Government Authorities - Ministry of Environment and Forests, Ministry of Youth Affairs and Sports, Ministry of Urban Development and Poverty Alleviation, Government of Delhi and DDA filed separate counter affidavits extensively dealing with all the subjects including the apprehension about the alleged damage to the ecology of the Yamuna riverbed, flood- plain and other environmental hazards. Apart from highlighting these aspects, they also placed various reports from specialized agencies like Ministry of Environment and Forests (MoEF), Delhi Metro Rail Corporation (DMRC), National Environmental Engineering Research Institute (NEERI) and Central Water Power Research Station (CWPRS).