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Wazirpur Bartan Nirmata Sangh vs Union Of India (Uoi) And Ors.

Country/Territory
India
Type of court
National - higher court
Date
Oct 4, 2006
Source
UNEP, InforMEA
Court name
High Court of Delhi
Seat of court
Delhi
Judge
Kailash Gambhir.
Language
English
Subject
Water, Land & soil
Keyword
Land tenure Foreign land tenure Land-use planning
Abstract
The Wazirpur Bartan Nirmata Sangh case WP (C) 2112/2002 started in the High Court of Delhi in 2002. As the case is of the nature of a continuing mandamus, it continues to be heard on a regular basis. Till date the Court has issued over fifty orders and judgments in this matter. This case is one of the landmark cases in the jurisprudence relating to the River Yamuna as it led to the removal of thousands of encroachments of varying nature from the banks of the river. In the present case the applicants who claim themselves legal owners of Ghat No.6, Kudasiya Ghat, Bela Road, Delhi felt threatened of DDA since they are involved in clearance of encroachment on the embankment of river Yamuna. The applicants claim themselves to be rightful allotees of the land under the lease and have raised various structures under the sanctioned plan. The High Court constituted Usha Mehra committee for the removal of encroachments on the bank of Yamuna, recommended that the claims of the applicants are illegal and asked for removal of the structures since they were only 30mts from the River Yamuna and the present directions of the Court was to remove all the unauthorized structures within 300 mts from the edge of the river Yamuna. The Court accepted the recommendations and dismissed the appeal.
Full text
COU-156176.pdf
Website
www.indiankanoon.org