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Order dated 13.01.2015 and proceedings upto 25.07.2018

2. The 2015 order was passed based on extensive studies by way of Expert Committee Reports dated 19.04.2014 and 13.10.2014. Detailed directions were issued therein (Paragraph 94) for maintaining environmental flow, preventing discharge of pollutants into the river, protecting flood plain zones by river front development activities and removing encroachments. A Principal Committee was constituted to supervise implementation of the directions and to furnish quarterly reports to this Tribunal. The Principal Committee was to comprise of representatives of MoEF&CC Ministry of Water Resources; Chief Secretary, Delhi Administration; Vice Chairman, DDA; Commissioner of all the Municipal Corporations; Commissioner, DJB; Secretary, Department of Irrigation, NCT of Delhi and concerned Secretaries of the States of Haryana, Uttar Pradesh, Himachal Pradesh and Uttarakhand. Four Experts - Professor C.R. Babu, Professor A.K. Gosain, Professor Brij Gopal and Professor A.A. Kazmi were also to be Members of the Principal Committee to be associated with commencement and completion of all the aspects of this project. The Delhi Jal Board (DJB) along with Corporation under whose jurisdiction News Item "Hindustan Times" AQFM Yamuna v. Central Pollution Control Board & Anr.

19. We have carefully perused the recommendations of the YMC. We are in agreement with the same. The directions proposed are essential for compliance of orders of this Tribunal and environmental norms.

20. We find the stand of the DDA that a special agency (by whatever name called) to deal with protection of flood plains and undertaking restoration programmes cannot be constituted by it to be wholly untenable. DDA has been constituted under the Delhi Development Authority Act, 1957 and its statutory responsibility is development of Delhi and all matters ancillary thereto. The authority is headed by L.G. Delhi with Vice-Chairman appointed by the Central Government and other members. Section 5A enables the authority to constitute as many committees as may be necessary for various purposes. We fail to understand as to why a SPV by whatever name called cannot be constituted under Section 5A of the DDA Act, 1957 or under the ancillary powers and duties of the DDA. Any such difficulty may be sorted out in consultation with the YMC and the Principal Committee. The object of having such an exclusive agency is to relieve the concerned officers discharging multiple functions of the DDA from the onerous and burdensome task of looking after long neglected time consuming and important work of restoration of the River environment and protecting and repossessing the encroached flood plains.*19A dedicated agency needs to be in place which can focus on issues relating to the Yamuna rejuvenation and also involve the civil society or such other experts/institutions as may be found necessary for ecological restoration of the flood plain zones, setting up of bio-diversity parks, artificial wetlands, phyto-remediation of drains at the river mouth locations, maintaining the vigil and undertaking flow measurement, creating ecological services, removing encroachments and undertaking other activities, including river front development. It may also take steps to attract and educate the citizens and nature enthusiasts for nature related activities, including building environmental temper amongst citizenry, without in any manner causing any damage to the flood plains, as already directed by this Tribunal. This Tribunal has not issued directions out of the blue or without knowing the structure of DDA. It is based on Expert Committee recommendations and covered by order dated 13.01.2015 and later orders. There is a detailed discussion on the subject in the report of the YMC dated 05.02.2020 and the report shows that the concept has been found viable, necessary, and useful even by the Cabinet Committee. Once it is desirable to do so, the unthoughtful and untenable plea that the DDA itself being an authority cannot create any authority has no legs to stand and is in contradiction to its own earlier stand. The DDA cannot function in the air. It has to function through individuals or group of individuals/agencies by whatever *Substituted on 09.07.2020 for "The object of such exclusive agency is that instead of concerned officers discharging multiple functions of DDA looking after long neglected time consuming and important work of restoration of the River environment and protecting and repossessing encroached flood plains."