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PLANNING LAW & ENVIRONMENT LAWS

PLANNING AND DEVELOPMENT
LAWS

27/09/2014

Mrs. Savita Bhandari

Additional Commissioner
Landscape and Environment Planning Dept.
Delhi Development Authority

The Acts
Environment Acts
The Water (Prevention and
Control of Pollution) Act, 1974
The Air (Prevention and Control
of Pollution) Act, 1981
The Environment (Protection)
Act, 1986
Indian Forest Act 1927
The Forest (Conservation) Act,
1980
The Wildlife Protection Act,
1972
Biological Diversity Act, 2002
National Green Tribunal Act,
2010

Planning/Development Acts
(Delhi)
NCR Planning Board Act, 1985
NCR Plan
Delhi Development Act 1957
Master Plan
Zonal Plan

A Few Ongoing Court Cases

Zone O Re-delineation.
Solid Waste Dumping on Riverbanks Yamuna
Riverfront Development Project- Case Study
Shifting of Millennium Depot (DTC) from
Riverbed
No Construction in Notified Ridge Area
Covering of Drains in Delhi

Details of the Court Case regarding

Yamuna Riverfront Development Project
An application has been filed in
Honble National Green Tribunal (NGT)
M.A. No. 967/2013, Application No. 6 of 2012
Applicant: Manoj Mishra

Matter pertains to encroachment and dumping of solid waste &

debris in the river bed
Court constitutes a Committee with Secretary (MoEF) as
Chairperson for implementation of the Orders.

Court order
Dated
: 21st March, 2013

The committee shall submit its proposal as to how and in what

manner the banks of river Yamuna can be developed.
DDA to present a complete proposal for development,
beautification and upliftment of Yamuna river banks in terms of
horticulture and eco-friendly site free from pollution and other
allied fields to the Committee.

Court order
Dated
: 22nd July, 2013

Office order of NRCD, MoEF

Dated
:13th September,2013
Expert Committee has been constituted with members
as:
Prof, C.R. Babu, (Chairperson), Retd. from University
of Delhi.
Prof. Brij Gopal, (Member), Retd. from JNU
Prof. A.K. Gosain, (Member), Serving Professor in
IIT Delhi.

MoEF has been given the right to constitute an Expert Committee to

finalize the Yamuna Preservation and Beautification Plan.

Mandate of the committee as follow:

Critically analyze and examine the Yamuna Riverfront
Development Plan
Suggest steps for further improvements of the Yamuna Riverfront
Development Plan keeping in view the environmental concerns of
the river in the river stretch.
Suggest steps for finalizing the plan after taking in account the
views of all concerned agencies, including the observations of the
Honble Supreme Court in matter relating to Maily Yamuna writ
petition no. 725 of 1993.

Details of the Court Case regarding

Yamuna Riverfront Development Project
Court order
Dated
: 25th April, 2014
Expert Committee Submitted Status Report

Court order
Dated
: 22th May, 2014

Court order
Dated
: 30th May, 2014

Expert Committee II constituted under the Chairmanship

of Additional Secretary, MoEF and Vice-Chairman, DDA

Expert Committee Submitted Status Report for abandoning the

Yamuna Riverfront Development Project on the pretext that it will
damage the environment and instead declare the floodplains as
conservation reserve.

DDA made a presentation objecting to the

recommendations made in the Status
Report made by the Expert Committee
Mandate - to consider the proposal for restoration and the
beautification plan of Yamuna Riverbanks submitted by the
Tribunal, merit thereof or substitution of the entire scheme by
another appropriate scheme.

Genesis of the Yamuna Riverfront Development

Project (YRDP)
2001

DDAs initiative of Biodiversity Parks in collaboration with Center for

Environmental Management of Degraded Ecosystems (CEMDE), Delhi
University

2002

Justice Usha Mehra Committee constituted to remove Jhuggies & other

encroachments from the River Bed.

2004

Following the orders, DDA proposed Golden Jubilee Parks

Approval from Central Water Commission for Golden Jubilee Park

2005/6

2007

2010

Constitution of Delhi Biodiversity Foundation by Gazette Notification dated

01.04.2005
High Court Order for 13 enclosures to be made for disposing Puja Samgiri
in the river.
Embargo on any construction activity by office of Honble LG on Zone O
till detail studies are done
Yamuna Riverfront Development Project Launched
Structure Plan for Zone O was put up for inviting objections & suggestions
Structure Plan sought approvals from Delhi Biodiversity Foundation &
High Powered Committee.
ZDP for Zone O notified with proposals for Riverfront Development

Zonal Development Plan, Zone - O

Recommendations of MPD,2021 & ZDP, Zone O

Sub-Zones (Area, Extent, Length)

River Yamuna should be conserved & kept free

from unrestricted & unplanned urban
development.
ZDP has proposed strategies for Sustainable
Riverfront Development.
Strategy for Conservation / Development of
Yamuna riverbed area is needed to be developed
& implemented in a systematic manner

Sub Zone

WAZIRABAD
BARRAGE
ISBT

Reach

Approx. Area

UP Border ---- Wazirabad Barrage

3620.0

II

Wazirabad Barrage ---- ISBT Bridge

1100.0

III

ISBT Bridge ---- Old Rly Bridge

225.0

IV

Old Rly Bridge ---- I.P. Barrage

800.0

I.P. Barrage ---- New Rly Bridge

365.0

VI

New Rly Bridge ---- NH 24 Bridge

390.0

VII

NH 24 Bridge ---- Okhla Barrage

1300.0

VIII

Okhla Barrage ---- Haryana Border

1900.0

NEW RLY
OLD RLY
BRIDGE NH24
BRIDGE
VIKAS
MARG

D.N.D
FLYWAY

OKHLA
BARRAGE

SUB
ZONE-8

SUB
ZONE-2
SUB ZONE-1

SZ-3

SUB
SZ-5 SZ-6
ZONE-4

SUB ZONE-7

Yamuna Riverfront Development

Project
Aim Conserve, Protect & Restore the Biodiversity of Yamuna
integrated with Public Recreation spaces that the city needs as
envisaged in the Zonal Development of Zone O.

Objectives

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BANK

existing natural features like water

bodies, vegetation, etc.,

EASTERN

The floodplain has been studied &

analysed based on several ecological &
physical parameters, such as

BANK

The Structure Plan

W ESTERN

Yamuna Riverfront
Development Project

PROTECTIVE BIO
DIVERSITY ZONE
INTERACTIVE BIO
DIVERSITY ZONE

PUBLIC
RECREATIONAL ZONE
GREEN LINKAGES
UNAUTHORISED COLONY
(SONIA VIHAR,
JAGATPUR, ABDUL FAZAL
ENCLAVE, JATTPUR /
MITHAPUR etc..)
EXISTING USAGE
( CRPF CAMP, RAM
GHAT, DMRC DEPOT,
CWG VILLAGE,
BOTTLING PLANT,
POWER PLANT, etc.)

proximity to habitation & movement

corridors,
intensity & conformity of abutting
activities, &
socio-cultural characteristics
Structure Plan

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Ecologically rich areas which need to be preserved

Biodiversity Zone
human Interactive
interference restricted.

Public Recreational Zone

EASTERN BANK
BANK
EASTERN

Protective Biodiversity Zone

BANK

The Zones

W ESTERN

Yamuna Riverfront
Development Project

PROTECTIVE BIO
PROTECTIVE
BIO
DIVERSITY ZONE
DIVERSITY
ZONE
INTERACTIVE
BIO
INTERACTIVE
BIO
DIVERSITY
ZONE
DIVERSITY
ZONE
PUBLIC
PUBLIC
RECREATIONAL
ZONE
RECREATIONAL
ZONE
GREEN
GREENLINKAGES
LINKAGES
UNAUTHORISED COLONY
(SONIA VIHAR,
JAGATPUR, ABDUL FAZAL
ENCLAVE, JATTPUR /
MITHAPUR etc..)
EXISTING USAGE
( CRPF CAMP, RAM
GHAT, DMRC DEPOT,
CWG VILLAGE,
BOTTLING PLANT,
POWER PLANT, etc.)

Structure Plan

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Moderately ecologically rich areas

limited opportunities for people to interact

BANK

Interactive Biodiversity Zone

EASTERN

Protective Biodiversity Zone

BANK

The Zones

W ESTERN

Yamuna Riverfront
Development Project

PROTECTIVE BIO
DIVERSITY ZONE
INTERACTIVE BIO
DIVERSITY ZONE

PUBLIC
RECREATIONAL ZONE
GREEN LINKAGES
UNAUTHORISED COLONY
(SONIA VIHAR,
JAGATPUR, ABDUL FAZAL
ENCLAVE, JATTPUR /
MITHAPUR etc..)
EXISTING USAGE
( CRPF CAMP, RAM
GHAT, DMRC DEPOT,
CWG VILLAGE,
BOTTLING PLANT,
POWER PLANT, etc.)

Structure Plan

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Public Recreational Zone

Ecologically disturbed areas
people of the city to experience the riverfront features & the
existing socio-cultural activities.

BANK

Interactive Biodiversity Zone

EASTERN

Protective Biodiversity Zone

BANK

The Zones

W ESTERN

Yamuna Riverfront
Development Project

PROTECTIVE BIO
DIVERSITY ZONE
INTERACTIVE BIO
DIVERSITY ZONE
PUBLIC
RECREATIONAL ZONE
GREEN LINKAGES
UNAUTHORISED COLONY
(SONIA VIHAR,
JAGATPUR, ABDUL FAZAL
ENCLAVE, JATTPUR /
MITHAPUR etc..)
EXISTING USAGE
( CRPF CAMP, RAM
GHAT, DMRC DEPOT,
CWG VILLAGE,
BOTTLING PLANT,
POWER PLANT, etc.)

Structure Plan

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Public Recreational Zone

BANK

Interactive Biodiversity Zone

EASTERN

Protective Biodiversity Zone

BANK

The Zones

W ESTERN

Yamuna Riverfront
Development Project

Structure Plan
PROTECTIVE BIO
DIVERSITY ZONE
INTERACTIVE BIO
DIVERSITY ZONE

PUBLIC
RECREATIONAL ZONE
GREEN LINKAGES
UNAUTHORISED COLONY
(SONIA VIHAR,
JAGATPUR, ABDUL FAZAL
ENCLAVE, JATTPUR /
MITHAPUR etc..)
EXISTING USAGE
( CRPF CAMP, RAM
GHAT, DMRC DEPOT,
CWG VILLAGE,
BOTTLING PLANT,
POWER PLANT, etc.)

Green Linkages- Interconnecting all zones are Green Linkages

which will act as wildlife movement corridor & provide habitat
while providing a buffer to sensitive Biodiversity areas.

ALL THESE ZONES ARE OPEN-TO-SKY

GREEN AREAS
Structure Plan

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The Conflict of Perspectives

Environmentalists

Development Authority

Floodplain is a resource and

needs conservation

Floodplain is a resource. Within

the realm of urban areas, these
floodplains also provide for several
socio-cultural needs of the people.

Any kind of development will

damage the ecology of the river
Reduce Biodiversity
Affect Hydrological Functionsflood control, GW recharge,
cleaning of water
Generate Pollution

Eco-friendly development
activities can be carried out without
damaging the environment.
No permanent Construction
Eco-friendly Material
Zero cut and fill
100% native vegetation

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The Conflict of Perspectives

Environmentalists
Yamuna Riverfront
Development Project
should be abandoned.
The area should be
protected under as
Environmentally Sensitive
Area under Environment
Protection Act or
conservation reserve under
Wildlife Protection Act.

Development Authority
Master Plan and Zonal Plan has
already taken measures to protect
the area from adverse
developmental effects.
- No further development
activities is allowed on the
floodplains
- ZDP, Zone O Proposed
Recreational uses will be
considered without any pucca
/ permanent construction

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Structure of the Presentation made to the

Court
Introduction to the Project
I

Biosphere Reserve Concept

II

NEERIs recommendation on Channelization

III

Flood Water Recharge & Flood Control

IV

Zone O Re-Delineation

Permissible Activity Within Floodways

VI

Recommendations

VII

Institutional Mechanism

Observations made by
Expert Committee on
Yamuna Riverfront
Development Project

Recommendations
made by Expert
Committee on River
Yamuna

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Experience
Difficulty in communicating the technical
matter to the Lawyer

Detailed discussions extending for long durations

were held with the lawyers to make them explain
the matter.
The replies for the Court were made by the
department and then edited by the lawyer.

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Experience
Presenting an audio-visual presentation to the
Court
To each comment made in the Status Report by
the Expert Committee, DDA first explained the
related technical aspect and then presented its
view explaining how the comment holds invalid.

DDA isnt the only stakeholder for protection of

the Floodplains. The works of other agencies like
DJB (who has the direct role in cleaning the
river) also affect the proposal of DDA.

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The Ridge
The area commonly known as the Ridge is
proposed as a Reserve Forest under Indian
Forest Act 1927.
The area has not been demarcated or delineated
on ground.

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The Ridge
Regional Park
is split into four
parts:

Sl.

Name

Managing agencies

Northern Ridge
boundary only

Central Ridge (1994) by boundary DDA, Army, CPWD,

only
New Delhi Municipal
Corporation,
North
DMC,
Forest
Department
South Central Ridge (1994) by DDA
boundary only

(1994)

by DDA, North DMC and

Forest Department

Area
(Ha)
87
864

626

Nanakpura Area Ridge (March DDA

1996) by boundary only

Southern Ridge in 1994 by DDA,

Forest
boundary only and 1996 by Department,
Sports
khasra numbers a total of 4257 ha Authority of India

6200

Total

7784

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Four Parts of Ridge

In Delhi

Northern Ridge
Central Ridge

South Central Ridge

Southern Ridge

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The Ridge
The permissible land use of the Regional Park is in variance with the
provisions of Reserve Forest under the Indian Forest Act 1927. In case
of overlap between the two land categories, the permissible land use
under the Forest Act will apply.
Activities permitted as per the Master Plan:
Use Zone

Activities Permitted

Regional Park

Ridge, Residential Flat (For watch & ward), Picnic Hut,

Park, Shooting Range, Zoological Garden, Bird
Sanctuary, Botanical Garden, Local Government Office
(Maintenance), Open Air Theatre, Police Post, Fire
Post, Orchard, Plant Nursery and Forest.
Approved Farm Houses sanctioned prior to 01.08.90
may continue.

In Reserved Forests all activities are prohibited unless permitted.

Jawahar Lal Nehru

University

Qutub Institutional
Area

Qila LalKot

Kishan Garh
Village

Ridge Boundary as per GNCTD

Ridge Boundary as per Master Plan

Lado Sarai
Shrubbery

SOUTH CENTRAL RIDGE

Boundary Issue: Conflict

The notification issued by GNCTD states
the areas of each ridge are same as in the
Master Plan.
South-Central Ridge,
Area quoted by GNCTD is same as in
the Master Plan i.e. 626 hectares,
whereas the boundaries are stated as
Aurbindo Marg on the Eastern side.
The Master Plan shows that beyond
Aurbindo Marg, the green area is also
part of South-Central Ridge and is a
regional park.
If the notification boundaries are to be
followed, Forest Department, GNCTD
must review the area and reduce the
area of South-Central Ridge in the said
notification.
The boundaries of Southern Ridge are
already in the process of being firmed up by
GNCTD, Environment Department in
collaboration with Director (Planning)-J
Zone, DDA.

Jawahar Lal Nehru

University

Boundary Issue: Conflict

Examples

The area near Andheria Mor falls in

Regional Park as per Master Plan
where no-construction is allowed but
as per the notified boundaries by
Delhi Govt. it doesnt fall under Ridge
where Kisan Haat has been got
constructed by Delhi Govt.

Due to the same boundary dispute,

opposite Archaeological Park
Mehrauli, two large scale cultural
functions organised by a renowned
choreographer Shri Aamir Raza
Murad were held after seeking NOC
from forest department. Though these
were temporary installations of
revolving stage with open air
amphitheatre and huge parking area,
these are still incompatible activity
with environmentally sensitive ridge.

Qutub Institutional
Area

Qila LalKot

Kishan Garh
Village

Ridge Boundary as per GNCTD

Ridge Boundary as per Master Plan

Lado Sarai
Shrubbery

SOUTH CENTRAL RIDGE

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THANKS