The Delhi High Court has directed the Delhi Development Authority (DDA) to ensure that no activity, including parking of vehicles or any commercial use, is permitted on the Yamuna flood plain at Sur Ghat. The court observed that the area is ecologically sensitive and falls under Zone-O, emphasizing the need for environmental protection.
Court Order and Restrictions
Justice Jasmeet Singh, in his order, stated that in view of the interest of environmental protection and the ecological sensitivity of the area, all types of commercial and religious activities for any purpose whatsoever shall be restricted from the said area. The court instructed DDA that if alternative parking facilities are required during auspicious occasions, they must be created away from the Yamuna flood plain without disturbing the sensitive ecological zone.
Background of the Case
The order came on a petition filed by Suresh Kumar, who sought restoration of a 2022 tender floated by the Municipal Corporation of Delhi (MCD) concerning the maintenance of a parking site at Sur Ghat. Kumar had emerged as the highest bidder for the maintenance work. An MoU between DDA and MCD governed the management of parking sites, following which MCD issued a tender in September 2022 for the Sur Ghat and Adarsh Nagar cluster sites.
Kumar claimed that possession of the parking sites had been handed over to him and work under the tender had started. However, the allotment was subsequently withdrawn in 2025 by MCD and DDA. During the proceedings, it emerged that DDA had informed MCD that only 2,508 square metres of land had been transferred, whereas MCD had allotted 3,780 square metres to the petitioner. Following this, DDA withdrew the permission, and MCD cancelled the parking allotment in January 2025, as recorded in the court order.
Court's Decision on the Petition
Rejecting the plea for restoration of the parking site, the high court observed that the petitioner had not challenged the cancellation order dated January 31, 2025, in the present proceedings. It held that questions relating to the validity of the cancellation and any claim for compensation involved disputed questions of fact which could not be adjudicated in a writ petition. The court therefore dismissed the petition, upholding the environmental protection measures.
This ruling underscores the judiciary's commitment to safeguarding ecologically sensitive zones from unauthorized commercial exploitation. The DDA and MCD are now required to ensure strict compliance with the order, preventing any further encroachment on the Yamuna flood plain at Sur Ghat.
