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D.D.A. vs Rajendra Singh & Ors.

Pays/Territoire
Inde
Type de cour
Nationale - cour supérieure
Date
Jul 30, 2009
Source
UNEP, InforMEA
Nom du tribunal
Supreme Court of India
Juge
Jain, D.
Ganguly, A.K.
Langue
Anglais
Sujet
Eau, Environnement gén.
Mot clé
Préservation de l'écosystème Sécurité environnementale Planification territoriale Forêt récréative Inondation Eau à usage récréatif
Résumé
The case started about the location of the CWG Village came under question. The site, known as Yamuna Bank would include not only the housing units for the athletes, but also the Delhi Metro Rail Corporation (DMRC)'s depot, yard, station and residential complex. In 2007, a group of concerned citizens and organisations approached the High Court of Delhi. In their writ petition (W.P. (C) 6729 and 7506 of 2007) challenging the construction activity going on the Yamuna riverbed, they alleged that this would damage the ecology and water-recharge ability of the river, and also impact the livelihoods of the agricultural communities who depended on its floodplain. Almost all the government respondents refuted the apprehensions and allegations put forth in the public interest litigation. The Ministry of Environment and Forests (MoEF), Ministry of Youth Affairs and Sports, Ministry of Urban Development and Poverty Alleviation, the Government of Delhi, DMRC and DDA filed separate counter affidavits which justified the site chosen for the CWG village and the DMRC complex, citing various studies and reports. Subsequent to a site visit by the panel of judges to the CWG village and DMRC construction in January 2008, NEERI submitted another report stateing that recent constructions on the Yamuna riverbed, such as the Akshardham Temple and an adjacent embankment have reshaped the riverbed and therefore the CWG village would not pose an environmental threat to the floodplain. The High Court of Delhi gave the interim order which has been appealed in the present case. The Supreme Court questioned the 'environmentalism' of the petitioners and also the conclusions of the Delhi HC. The reports of CWPRS, the affidavits of all the government authorities, and the three NEERI reports read in conjunction were enough, said the court, to conclude in favour of the construction of the CWG village. The judgment stated, "The High Court disregarded and ignored material scientific literature and the opinion of experts and scientific bodies which have categorically said that the CGV site is neither located on a "riverbed" nor on the "floodplain." To further stamp this opinion the apex court also referred to an earlier decision of the Supreme Court relating to the construction of the Akshardham temple, which had concluded that the distance between Yamuna river and the temple was nearly 1700 metres. The CWG village is located adjacent to the temple and for it too the same logic would be applicable.
Texte intégral
COU-155954.pdf
Site web
www.indiankanoon.org