Delhi Chief Minister Rekha Gupta on Tuesday said that a recent Delhi High Court order related to the removal of encroachment in the ‘O Zone’ — eco-sensitive areas along the Yamuna river where construction is prohibited — pertained only to new constructions and not the existing ones.

On May 23, the HC had observed that residential colonies in Yamuna floodplain area, classified as O Zone, are “completely impermissible”, while noting that 91 unauthorised colonies in the area continue to enjoy temporary protection from punitive action until December 31, 2026 under the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011. This was after the Centre submitted that occupants of the 91 unauthorised colonies are protected from demolition until December 31.

In a meeting attended by several MPs, including Ramvir Singh Bidhuri and Manoj Tiwari, Gupta said on Tuesday that the HC had not made any observations regarding constructions that had already been completed, but raised concerns about ongoing construction activities.

Bidhuri told The Indian Express that the Delhi government will soon meet the Union Minister for Housing and Urban Affairs Manohar Lal to discuss the matter. “The HC has said that the 91 unauthorised colonies will not be demolished until December 31. In the meantime, we will meet the Union Minister to discuss the matter,” he added.
On May 23, the HC had directed Additional Secretary (MoHUA) D Thara to ensure that a meeting is held on June 8 between officials of MoHUA, including Thara, MCD and DDA, and to place an action taken report on record “by the next date of hearing showing how further unauthorised construction is stopped and how the unauthorised construction is being demolished”.

“During the meeting, the Chief Minister clarified that no demolition will be carried out on existing structures in these colonies…,” the CMO said in a statement.

The HC, while observing that DDA is the responsible agency, had also recorded that DDA will ensure that “no fresh construction takes place in Zone O, including in these colonies, even under the garb of repair or renovation”.

Maintaining that the HC order specifically mandates the demolition of only new or ongoing constructions, the CMO referred to signboards erected across areas in O Zone, informing residents about restrictions on construction and discouraging fresh encroachments. “…residents are apprehensive due to signage installed by the administration. However, public representatives, after studying court orders and government records, have concluded that existing structures in these colonies face no threat,” it added.

On such signboards “creating confusion among residents”, officials said the CM directed the DDA to revise the wording of the boards in accordance to court’s observations. “Since the HC had communicated its position to the DDA, the Authority should act accordingly,” the CM said. On April 18, the HC had directed that the signboards be made simpler.

Speaking to mediapersons after the meeting with the CM, Bidhuri said that these 91 colonies had already been regularised on March 24, 2008, and at that time, they fell under the F Zone.

“However, on August 10, 2010, the Congress governments at the Centre and in Delhi placed these areas within the Yamuna O Zone. Following public objections, the DDA issued a draft notification on September 28, 2013, proposing to shift these colonies back from the O Zone to the F Zone. The draft notification has received approval from then Union urban development minister, but the final notification has still not been issued,” he said.

He added that an expert committee had concluded that these villages and colonies do not adversely affect the river’s flow or ecological quality.

He further said that the DDA has put Delhi Secretariat, Akshardham, colonies developed by its own department in Madanpur Khadar, among others, under O Zone. “So, the court on (April 18) said that no new construction can take place. So, if any new construction takes place, it will be demolished but the colonies and villages, which were developed decades ago, have been regularised in 2008. Even NGT disposed of a related case and directed the DDA to carry out proper demarcation,” said Bidhuri.

As of April 17, as informed by DDA to the court, it had undertaken the removal of unauthorised construction and encroachment in the villages of Madanpur Khadar and Jhangola as well as under revenue estate Indraprastha, to reclaim around 7.03 acres.

On April 18, the court had directed, “It is made clear that similar encroachment, removal and demolition programs shall continue to be carried out by the DDA in Zone O area.”

Bidhuri said O Zone areas spread across 35 km along the Yamuna – from Jaitpur, Okhla, Usmanpur, Sonia Vihar, Jagat put, Burari, Sangam Vihar and others.

“Both DDA and MCD have been directed to ensure that no existing house in O Zone suffers any harm. Only new constructions would be subject to compliance with the court’s directions,” Tiwari said.