You are on page 1of 32

1

PLANNING LAW & ENVIRONMENT LAWS


PLANNING AND DEVELOPMENT
LAWS 27/09/2014

Mrs. Savita Bhandari


Additional Commissioner
Landscape and Environment Planning Dept.
Delhi Development Authority
2

The Acts
Planning/Development Acts
Environment Acts
(Delhi)
• The Water (Prevention and • NCR Planning Board Act, 1985
Control of Pollution) Act, 1974 ▫ NCR Plan
• The Air (Prevention and Control
• Delhi Development Act 1957
of Pollution) Act, 1981
• The Environment (Protection) ▫ Master Plan
Act, 1986 ▫ Zonal Plan
• Indian Forest Act 1927
• The Forest (Conservation) Act,
1980
• The Wildlife Protection Act,
1972
• Biological Diversity Act, 2002
• National Green Tribunal Act,
2010
3
4

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
5

Details of the Court Case regarding


Yamuna Riverfront Development Project
An application has been filed in • Matter pertains to encroachment and dumping of solid waste &
Hon’ble National Green Tribunal (NGT) debris in the river bed
•M.A. No. 967/2013, Application No. 6 of 2012 • Court constitutes a Committee with Secretary (MoEF) as
•Applicant: Manoj Mishra Chairperson for implementation of the Orders.

Court order • The committee shall submit its proposal as to how and in what
Dated : 21st March, 2013 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 MoEF has been given the right to constitute an Expert Committee to
Dated : 22nd July, 2013 finalize the Yamuna Preservation and Beautification Plan.

Office order of NRCD, MoEF Mandate of the committee as follow:


Dated :13th September,2013 • Critically analyze and examine the Yamuna Riverfront
Development Plan
Expert Committee has been constituted with members
• Suggest steps for further improvements of the Yamuna Riverfront
as: Development Plan keeping in view the environmental concerns of
• Prof, C.R. Babu, (Chairperson), Retd. from University the river in the river stretch.
of Delhi. • Suggest steps for finalizing the plan after taking in account the
• Prof. Brij Gopal, (Member), Retd. from JNU views of all concerned agencies, including the observations of the
• Prof. A.K. Gosain, (Member), Serving Professor in Hon’ble Supreme Court in matter relating to ‘Maily Yamuna’ writ
petition no. 725 of 1993.
IIT Delhi.
6

Details of the Court Case regarding


Yamuna Riverfront Development Project
Court order • Expert Committee Submitted Status Report for abandoning the
Dated : 25th April, 2014 Yamuna Riverfront Development Project on the pretext that it will
Expert Committee Submitted Status Report damage the environment and instead declare the floodplains as
conservation reserve.

Court order DDA made a presentation objecting to the


Dated : 22th May, 2014
recommendations made in the Status
Report made by the Expert Committee

Court order • Mandate - to consider the proposal for restoration and the
Dated : 30th May, 2014 beautification plan of Yamuna Riverbanks submitted by the
Tribunal, merit thereof or substitution of the entire scheme by
Expert Committee II constituted under the Chairmanship another appropriate scheme.
of Additional Secretary, MoEF and Vice-Chairman, DDA
7

Genesis of the Yamuna Riverfront Development


Project (YRDP)
• DDA’s initiative of Biodiversity Parks in collaboration with Center for
2001 Environmental Management of Degraded Ecosystems (CEMDE), Delhi
University
• Justice Usha Mehra Committee constituted to remove Jhuggies & other
2002 encroachments from the River Bed.

• Following the orders, DDA proposed Golden Jubilee Parks


2004 • Approval from Central Water Commission for Golden Jubilee Park
• Constitution of Delhi Biodiversity Foundation by Gazette Notification dated
01.04.2005
2005/6 • High Court Order for 13 enclosures to be made for disposing Puja Samgiri
in the river.
• Embargo on any construction activity by office of Hon’ble LG on Zone ‘O’
till detail studies are done
2007
• 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 &
2010
High Powered Committee.
• ZDP for Zone O notified with proposals for Riverfront Development
8

Zonal Development Plan, Zone - O


Recommendations of MPD,2021 & ZDP, Zone O Sub-Zones (Area, Extent, Length)
• River Yamuna should be conserved & kept free
Sub Zone Reach Approx. Area
from unrestricted & unplanned urban
development. I UP Border ---- Wazirabad Barrage 3620.0
• ZDP has proposed strategies for Sustainable II Wazirabad Barrage ---- ISBT Bridge 1100.0
Riverfront Development. III ISBT Bridge ---- Old Rly Bridge 225.0
• Strategy for Conservation / Development of IV Old Rly Bridge ---- I.P. Barrage 800.0
Yamuna riverbed area is needed to be developed
V I.P. Barrage ---- New Rly Bridge 365.0
& implemented in a systematic manner
VI New Rly Bridge ---- NH 24 Bridge 390.0
VII NH 24 Bridge ---- Okhla Barrage 1300.0
VIII Okhla Barrage ---- Haryana Border 1900.0

OKHLA
NEW RLY BARRAGE
OLD RLY D.N.D
WAZIRABAD BRIDGE NH24
BRIDGE FLYWAY
BARRAGE VIKAS
ISBT MARG

SUB
ZONE-8

SUB SZ-5 SZ-6 SUB ZONE-7


SUB SZ-3 ZONE-4
ZONE-2
SUB ZONE-1
9

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”.
10
Objectives
11
12
13
14

W ESTERN
Yamuna Riverfront

EASTERN
PROTECTIVE BIO
DIVERSITY ZONE

INTERACTIVE BIO

Development Project
DIVERSITY ZONE

BANK
BANK
PUBLIC
RECREATIONAL ZONE

The Structure Plan – GREEN LINKAGES

The floodplain has been studied & UNAUTHORISED COLONY


(SONIA VIHAR,

analysed based on several ecological &


JAGATPUR, ABDUL FAZAL
ENCLAVE, JATTPUR /
MITHAPUR etc..)

physical parameters, such as EXISTING USAGE


( CRPF CAMP, RAM
GHAT, DMRC DEPOT,
CWG VILLAGE,
BOTTLING PLANT,
• existing natural features like water POWER PLANT, etc.)

bodies, vegetation, etc.,

• proximity to habitation & movement


corridors,

• intensity & conformity of abutting


activities, &

• socio-cultural characteristics

Structure Plan
15

Yamuna Riverfront

W ESTERN

EASTERN
EASTERN BANK
PROTECTIVE BIO
PROTECTIVE BIO
DIVERSITY ZONE
DIVERSITY ZONE

Development Project INTERACTIVE


INTERACTIVE
DIVERSITY
DIVERSITY
BIO
ZONE
BIO
ZONE

BANK
BANK
PUBLIC

The Zones –
PUBLIC
RECREATIONAL
RECREATIONAL ZONE
ZONE

GREEN
GREENLINKAGES
LINKAGES

Protective Biodiversity Zone UNAUTHORISED COLONY


(SONIA VIHAR,
JAGATPUR, ABDUL FAZAL
•Ecologically rich areas which need to be preserved ENCLAVE, JATTPUR /

•human Interactive Biodiversity Zone MITHAPUR etc..)


interference restricted.
EXISTING USAGE
( CRPF CAMP, RAM

Public Recreational Zone


GHAT, DMRC DEPOT,
CWG VILLAGE,
BOTTLING PLANT,
POWER PLANT, etc.)

Structure Plan
16

Yamuna Riverfront

W ESTERN

EASTERN
PROTECTIVE BIO
DIVERSITY ZONE

Development Project INTERACTIVE BIO


DIVERSITY ZONE

BANK
BANK
The Zones –
PUBLIC
RECREATIONAL ZONE

GREEN LINKAGES

Protective Biodiversity Zone UNAUTHORISED COLONY


(SONIA VIHAR,
JAGATPUR, ABDUL FAZAL
ENCLAVE, JATTPUR /

Interactive Biodiversity Zone MITHAPUR etc..)

EXISTING USAGE
•Moderately ecologically rich areas ( CRPF CAMP, RAM
GHAT, DMRC DEPOT,
•limited opportunities for people to interact CWG VILLAGE,
BOTTLING PLANT,
POWER PLANT, etc.)

Structure Plan
17

Yamuna Riverfront

W ESTERN

EASTERN
PROTECTIVE BIO
DIVERSITY ZONE

Development Project INTERACTIVE BIO


DIVERSITY ZONE

BANK
BANK
The Zones –
PUBLIC
RECREATIONAL ZONE

GREEN LINKAGES

Protective Biodiversity Zone UNAUTHORISED COLONY


(SONIA VIHAR,
JAGATPUR, ABDUL FAZAL
ENCLAVE, JATTPUR /

Interactive Biodiversity Zone MITHAPUR etc..)

EXISTING USAGE
( CRPF CAMP, RAM

Public Recreational Zone


GHAT, DMRC DEPOT,
CWG VILLAGE,
BOTTLING PLANT,
POWER PLANT, etc.)
• Ecologically disturbed areas
• people of the city to experience the riverfront features & the
existing socio-cultural activities.

Structure Plan
18
Structure Plan
Yamuna Riverfront

W ESTERN

EASTERN
PROTECTIVE BIO
DIVERSITY ZONE

Development Project INTERACTIVE BIO


DIVERSITY ZONE

BANK
BANK
The Zones –
PUBLIC
RECREATIONAL ZONE

GREEN LINKAGES

Protective Biodiversity Zone UNAUTHORISED COLONY


(SONIA VIHAR,
JAGATPUR, ABDUL FAZAL
ENCLAVE, JATTPUR /

Interactive Biodiversity Zone MITHAPUR etc..)

EXISTING USAGE
( CRPF CAMP, RAM

Public Recreational Zone


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
19

The Conflict of Perspectives


Environmentalists Development Authority

Floodplain is a resource and Floodplain is a resource. Within


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

Any kind of development will Eco-friendly development


damage the ecology of the river activities can be carried out without
•Reduce Biodiversity damaging the environment.
•Affect Hydrological Functions- • No permanent Construction
flood control, GW recharge, • Eco-friendly Material
cleaning of water • Zero cut and fill
•Generate Pollution • 100% native vegetation
20

The Conflict of Perspectives


Environmentalists Development Authority

• Yamuna Riverfront Master Plan and Zonal Plan has


Development Project already taken measures to protect
should be abandoned. the area from adverse
• The area should be developmental effects.
protected under as - No further development
Environmentally Sensitive activities is allowed on the
Area under Environment floodplains
Protection Act or - ZDP, Zone O – “Proposed
conservation reserve under Recreational uses will be
Wildlife Protection Act. considered… without any pucca
/ permanent construction”
21

Structure of the Presentation made to the


Court
Introduction to the Project

Observations made by
I• Biosphere Reserve Concept Expert Committee on
Yamuna Riverfront
II• NEERI’s recommendation on Channelization Development Project
III• Flood Water Recharge & Flood Control
IV• Zone O Re-Delineation
V• Permissible Activity Within Floodways

Recommendations
VI• Recommendations made by Expert
Committee on River
VII• Institutional Mechanism Yamuna
22
23

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.
24

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 isn’t 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.
25
26

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.
27

The Ridge
• Regional Park Area
Sl. Name Managing agencies
is split into four (Ha)
1 Northern Ridge (1994) by DDA, North DMC and 87
parts: boundary only Forest Department

2 Central Ridge (1994) by boundary DDA, Army, CPWD, 864


only New Delhi Municipal
Corporation, North
DMC, Forest
Department
3 South Central Ridge (1994) by DDA 626
boundary only

4 Nanakpura Area Ridge (March DDA 7


1996) by boundary only

5 Southern Ridge in 1994 by DDA, Forest 6200


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

Total 7784
28

Four Parts of Ridge


In Delhi

Northern Ridge

Central Ridge

South Central Ridge

Southern Ridge
29

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 Boundary Issue: Conflict
• The notification issued by GNCTD states
the areas of each ridge are same as in the
Qutub Institutional
Area
Master Plan.
• South-Central Ridge,
• Area quoted by GNCTD is same as in
the Master Plan i.e. 626 hectares,
Qila LalKot
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.
Lado Sarai
• If the notification boundaries are to be
Kishan Garh
Village Shrubbery 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.
SOUTH CENTRAL RIDGE
Ridge Boundary as per GNCTD
Ridge Boundary as per Master Plan
Jawahar Lal Nehru
University Boundary Issue: Conflict
Examples
• The area near Andheria Mor falls in
Qutub Institutional Regional Park as per Master Plan
Area
where no-construction is allowed but
as per the notified boundaries by
Delhi Govt. it doesn’t fall under Ridge
Qila LalKot 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
Kishan Garh Lado Sarai choreographer Shri Aamir Raza
Shrubbery
Village
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.

SOUTH CENTRAL RIDGE


Ridge Boundary as per GNCTD
Ridge Boundary as per Master Plan
32

THANKS