RAJENDRA SINGH Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) THIS judgment relates to a river which once flowed majestically but is now gasping for breath. If this continues, time is not far off when this gift of gods, will die an unnatural death getting buried beneath the layers of silt. If no urgent remedial measures are taken Yamuna may exist only in books. It is this fear and anxiety that has made me pen these lines.

(2.) DURING arguments it was common case of the parties that development cannot be divorced from environmental issues and that development has to be compatible with the need to preserve, protect rather improve environment. I think I am right in saying that it was at no point in dispute that development has to co-exist and not endanger or cause irreversible damage to nature. I therefore need not go into any lengthy discussion on this aspect of the matter or on what the courts have said, for they have also not said anything different. What then is disputed" The dispute is with regard to the application of the above said well delineated, well defined principles to the land in question located in Pocket III phase-I in Zone "o". Development projects have been undertaken in that area. The petitioner says that the entire construction activity is on the riverbed itself which will destroy not only Yamuna but materially harm the entire ecologically sensitive area. The respondents, on the other hand, assert that the land in question is not riverbed and that in any case, the entire construction work has been undertaken after due deliberation and after obtaining required clearance from the authorities concerned and that all remedial measures have been taken.

(3.) IS the construction on the "river bed"" My noble brother has gone at great lengths to fathom meaning and import of the term "river bed" and after having undertaken that exercise has ,in his wisdom left to an "expert Committee" to decide as to whether the site in question is on the "river bed" or not. I will revert to this "expert committee" a little later. Let me first deal with the question as to whether the site in question is on the "river bed" or not and if not, to what effect.