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87. Now let us revert to the developments on the banks of River Yamuna. On a Flood Plain, rampant construction is prohibited under the law. A regulated activity could be carried on, only with the approval of the concerned authorities. The DDA had proposed a plan for prohibition, restoration and beautification of the Flood Plain of River Yamuna which has been found to be prejudicial to the environment and ecology, as well as to the flow of the river. Besides these defects, the Expert Committee has also pointed out that there could be heavy floods in Delhi, if the proposal of the DDA was implemented. For these reasons, besides the ones recorded in the Expert Committee's report, of which the DDA itself was a party, we do not approve of implementation of the DDA plan, but would accept the report of the Expert Committee and direct the river bank/Flood Plain to be kept in the manner as indicated in the report. We direct that walkways will be provided on the outer extreme of the Flood Plain of the River Yamuna, away from the embankments, with green area around providing a space and environment which is safe for walkers. In this judgment, of which the reports of the Expert Committee are an integral part, we have applied the precautionary principle by directing various steps which are required to be taken by the authorities, including prohibitory orders in relation to dumping and throwing of waste of any kind in the drains in the River Yamuna to protect the environment. We have evoked the Polluter Pays Principle requiring the industrial clusters to contribute towards establishment of CETPs. Similar directions in regard to the contribution by residents for establishment of STPs wherever the State feels the need for that purpose. In any case, maintenance of CETPs and STPs should be a burden that is required to be shared by the industries and residents of Delhi. They have the fundamental duty to protect the environment, not only on the Polluter Pays Principle but even on the correct analysis of Article 51A(g) of the Constitution. There is a rapid growth in the construction and industrial activity in the city causing further and more serious pressures on the environment and infrastructures in the city. If the authorities are permitting such growth then they have to impose restrictions to regulate the same as well as incur such costs which are necessary for preventing irretrievable injury to the environment and ecology of River Yamuna in Delhi. The sustainable development would certainly require all these authorities and residents of Delhi to act with reasonable caution and restrictions on the one hand and contribute towards protection, improvement and restoration of the environment on the other.

Therefore, we direct that no authority shall permit and no person shall carryout, any edible crops /fodder cultivation on the Flood Plain. This direction shall strictly be adhered to till Yamuna is made pollution free and is restored to its natural wholesomeness.

vi. (a) During the pendency of this application, it was brought on record that nearly 37,000 cubic m. construction debris are lying on the eastern bank of River Yamuna, while 53,000 cubic m. debris is lying on the western bank of the River. The major part of this debris has already been removed under the orders of the Tribunal during pendency of this application. The local Commissioners appointed had reported to the Tribunal that major part of debris had been removed by the DDA, DMRC, Corporations, the PWD and the UP Government. DMRC has removed 33,000 cu. m. from Sarai Kale Khan and 20,000 MT from Shastri Park, the State of UP has removed 37,000 MT from the Flood Plain and DDA has removed 2500 cu. m. from Eastern Bank of River Yamuna and 7500 cu. m. from Western bank of River Yamuna, amongst others.

(2) (a) Despite clear directions, the concerned Department of NCT Delhi has not demarcated flood plain of river Yamuna. It is stated that one Committee or the other agency including CWC has to consider this matter. This agency has desired to appoint National Institute of Hydrology, Roorkee to do this study. We really fail to understand this approach of the Department where more than 100 years of flood data is available with the Department. We also find that the demarcation of flood plain for one in 25 years flood directed by this Tribunal, is available in the reports submitted to us. Let, Secretary and the Chief Engineer of the Department be personally responsible for execution of this work of physical demarcation of the flood plain which should be done within three weeks from today and matter reported to the Tribunal directly.

(vii) The report shall particularly provide details where the pickling and dyeing industries in Delhi are located in any of the industrial cluster.

(3) We reiterate the direction that the Agriculture activities on the flood plain of river Yamuna shall be prohibited forthwith.

(4) We direct Delhi Jal Board, Secretary, Environment and Secretary, Department of Irrigation and Flood control NCT, Delhi to provide all requisite assistance to the Principal Committee constituted in the Judgement as well as the Sub-Committees constituted under this direction.