The DDA had expressed incapacity to represent a particular goal automobile for Yamuna. (File)
New Delhi:
The Nationwide Inexperienced Tribunal has rapped the Delhi Growth Authority (DDA) for popping out with lame excuses as an alternative of performing its obligation on the problem of the structure of particular goal automobile (SPV) for rejuvenation of the Yamuna river.
“Rejuvenation of river Yamuna is a crucial perform and DDA can’t draw back from its statutory accountability. Yamuna rejuvenation might be mannequin for rejuvenation of 351 river stretches within the nation given its location within the nationwide capital territory the place all knowledgeable authorities and funds can be found,” the inexperienced tribunal stated.
The DDA had expressed its incapacity earlier than the NGT to represent a particular goal automobile (SPV) for rejuvenation of the Yamuna river saying there have been authorized impediments in making a separate authorized entity underneath the Delhi Growth Act, 1957.
A bench headed by NGT Chairperson Justice Adarsh Kumar Goel stated the stand of the DDA particular company to cope with the safety of flood plains and enterprise restoration programmes can’t be constituted by it’s wholly untenable.
It stated that DDA has been constituted underneath the Delhi Growth Authority Act, 1957 and its statutory accountability is growth of the nationwide capital.
“DDA should forthwith adjust to the sooner route as an alternative of discovering lame excuses and taking stand of avoiding public obligation,” the bench stated.
The tribunal stated that Part 5A of the DDA Act permits the authority to represent as many committees as could also be vital for numerous functions.
“We fail to grasp as to why a SPV by no matter identify known as can’t be constituted underneath Part 5A of the DDA Act, 1957 or underneath the ancillary powers and duties of the DDA, ” the bench stated.
The bench stated that any such problem could be sorted out in session with the Yamuna Monitoring Committee and the Principal Committee.
“A devoted company must be in place which may concentrate on points regarding the Yamuna rejuvenation and likewise contain the civil society or such different specialists/establishments as could also be discovered vital for ecological restoration of the flood plain zones, establishing of bio-diversity parks, synthetic wetlands…,” the bench stated.
The physique may also take steps to draw and educate the residents and setting fanatics for nature-related actions, together with constructing environmental mood amongst citizenry, with out in any method inflicting any harm to the flood plains, the NGT stated.
Expressing incapacity to kind SPV, the DDA had instructed the NGT that the phrase “could” was utilized by this tribunal in its order because it thought of it acceptable that considering all of the attendant circumstances DDA ought to think about the choice whether or not or to not represent an SPV.
“In mild of the provisions of DDA Act, it’s submitted that as per part 52 of the Act, DDA could delegate powers exercisable by solely to officers, native authority or committees. There is no such thing as a enabling provision underneath the Act to both represent a society or a particular goal automobile or to delegate its powers to an entity or different particular person not particularly talked about in part 52 of the Act.”
“It’s submitted that since DDA has been created underneath DDA Act, it can’t function past the boundaries set by the stated Act. It shouldn’t be misplaced to say right here that already a mechanism is in place in an effort to monitor the Yamuna. This contains Higher Yamuna River Board and Unified Centre for Restoration and rejuvenation of River Yamuna,” DDA stated in its report filed within the NGT.
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