The Delhi High Court sharply questioned civic and planning authorities over continued unauthorised construction in Delhi’s Zone ‘O’ area, which forms part of the Yamuna floodplain. The Court observed that fresh structures were still coming up despite earlier directions to stop illegal activity in the region.
A division bench of Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora was hearing a long-pending matter concerning encroachments and unauthorised colonies in Zone ‘O’. During the hearing, the Court examined status reports filed by the Delhi Development Authority (DDA), Municipal Corporation of Delhi (MCD), and the Ministry of Housing and Urban Affairs (MoHUA).
Background of the Dispute
The issue before the Court involved 91 unauthorised colonies situated in Zone ‘O’, an area covering portions of the Yamuna floodplain. Authorities had earlier taken differing positions on whether these colonies were protected under the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011.
The Ministry later clarified before the Court that while these colonies were not eligible for regularisation under the 2019 Regulations, temporary protection from punitive action would continue till 31 December 2026.
At the same time, the Centre informed the bench that discussions were underway regarding the future of these colonies and possible rehabilitation measures for residents living there for several years. According to the government, nearly five to six lakh people are residing in the 91 colonies.
Court Raises Environmental Concerns
The bench made it clear that residential colonies inside Zone ‘O’ raised serious environmental concerns because the area forms part of the Yamuna riverbed and floodplain.
“The existence of any residential colonies in Zone ‘O’ would be completely impermissible and would also not be conducive to the environment as also to the river bed area,” the Court observed.
The Court also noted that no ownership rights were presently being granted to residents of these colonies and that no fresh construction was permissible in the area
Photographs Show Fresh Construction
During the hearing, the Court examined photographs submitted by the DDA and MCD showing ongoing construction activity in areas including Jagat Pur Village, Wazirabad Village, Ram Ghat, and New Aruna Nagar near Majnu Ka Tila.
The judges remarked that the images suggested construction activity was continuing openly despite official supervision.
“Right under the supervision of Engineers of the MCD, the unauthorised construction in Zone ‘O’… is being carried out,” the bench stated.
Court Directs Accountability and Further Action
Taking note of the situation, the High Court directed officials from MoHUA, DDA and MCD to hold a joint meeting and place an action taken report before the Court. The report is expected to explain what steps are being taken to stop further unauthorised construction and carry out demolition drives.
The Court further ordered that names of the concerned Executive Engineers in the affected areas be placed on record. Those officers have also been directed to remain present on the next date of hearing.
Additionally, the Commissioner of MCD was asked to submit a report detailing action taken against officials responsible for allowing such construction activity and the demolition measures initiated by the civic body.
The matter has now been listed for further hearing on 25 July 2026.
Case Details
Case Title: Vijay Kumar Diwakar v. South Delhi Municipal Corporation & Ors.
Case Number: W.P.(C) 5751/2014
Judges: Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora
Decision Date: 23 May 2026
