P.SATHASIVAM, J. - (1.) ALL these special leave petitions are directed against the common judgment and order dated 03.11.2008 of the High Court of Delhi in W.P. (C) Nos. 6729 and 7506 of 2007 which, inter alia, issued certain directions for setting up of a Committee to enquire as to whether the Commonwealth Games Village (CGV) site complex is situated on the Yamuna "riverbed" or "floodplain" and further observed that any construction made or third party rights created are at the peril and risk of the Organisers/Government. Aggrieved by the said judgment, Delhi Development Authority (in short "DDA") has filed S.L.P. (C) Nos. 29055- 29056 of 2008, Ministry of Urban Development and Poverty ALLeviation has filed S.L.P. (C) No. 30075 of 2008 and Ministry of Youth Affairs and Sports has filed S.L.P. (C) Nos. 4408-4409 of 2009 as well as S.L.P. (C) Nos. 6029- 6030 of 2009 and Organizing Committee, Commonwealth Games has filed S.L.P.(C) Nos. 31123-31124 of 2008. Vinod Kumar Jain, petitioner in W.P.(C) No. 6729 of 2007 before the High Court of Delhi, has filed S.L.P. (C) No. 30112 of 2008 and Rajendra Singh and Ors petitioners in W.P. (C) No. 7506 of 2007 before the High Court have filed S.L.P. (C) No. 6256 of 2009 praying for stopping all construction activities on the riverbed of Yamuna other than CGV site and Delhi Metro Rail Corporation. Since all the special leave petitions arise from the common judgment, all are being disposed of by the following judgment.
(2.) LEAVE granted in all the special leave petitions. Brief Facts: Vinod Kumar Jain and Rajendra Singh and others claiming as environmentalists - approached the High Court of Delhi by filing W.P. (C) Nos. 6729 and 7506 of 2007 for the following reliefs: "(a) Directing the respondents to remove any construction, fill up, digging etc. made so far and restore the ecology of Yamuna river bed. (b) Declaring the Yamuna riverbed in Delhi as an ecologically sensitive area and hence to be protected and preserved. (c) Directing that any construction in the Yamuna river bed will permanently destroy the ecology of river Yamuna, its ground water recharge ability and will be violative of public trust doctrine, precautionary principle which are part of Article 21 of the Constitution. (d) Directing that the respondents should locate an alternative site for the projects) as pointed out in the EAC recommendations dated 03.11.2006. (e) Setting aside of EC dated 14.12.2006 as being violative of Article 21 of the Constitution. (f) Setting aside of EC dated 22.01.07; 29.03.07; and 02.04.07 as being arbitrary, whimsical, mala fide and violative of Articles 14 and 21 of the Constitution. (g) Directing the respondents to restore the ecology of river Yamuna in accordance with the "Polluters Pay Principle". (h) Pass any such other order as this Hon'ble Court may deem fit andproper in the facts and circumstances of the case. On 13.09.2003, Commonwealth Games Federation selected Delhi as the venue for Commonwealth Games scheduled to be held from 3rd to 14th October, 2010. After due deliberations, XIX Commonwealth Games 2010 are being hosted in Delhi pursuant to a commitment made by the Indian Olympic Association in the form of an agreement in which it agreed to host the games in India with the approved standards and requirements of the Commonwealth Games Federation. Complaining that the Governmental agencies and the DDA are effecting various steps including massive construction on the periphery of Yamuna river, apprehending that the action being taken would not only destroy the river Yamuna but also pose severe threat to the Delhi city as well and in order to stop the entire proceedings, the said petitioners moved the High Court of Delhi. The main claim of the petitioners before the High Court was to the effect that the ongoing construction would affect the ecological integrity of the "riverbed" besides causing irreversible damage to the "floodplain".
(3.) REFUTING the apprehensions and the allegations of the public interest litigants, the Respondents therein i.e. the Central Government Authorities - Ministry of Environment and Forests, Ministry of Youth Affairs and Sports, Ministry of Urban Development and Poverty Alleviation, Government of Delhi and DDA filed separate counter affidavits extensively dealing with all the subjects including the apprehension about the alleged damage to the ecology of the Yamuna riverbed, flood- plain and other environmental hazards. Apart from highlighting these aspects, they also placed various reports from specialized agencies like Ministry of Environment and Forests (MoEF), Delhi Metro Rail Corporation (DMRC), National Environmental Engineering Research Institute (NEERI) and Central Water Power Research Station (CWPRS). The Government Departments in addition to clearing the apprehension about damage to Yamuna 'riverbed' and 'floodplain', also highlighted that the writ petitions are to be dismissed on the ground of delay/laches. They also pointed out that when the change of "category" was published by way of public notice, though certain general objections were raised, no specific objection was raised by anyone much less by the petitioners about the Yamuna riverbed or floodplain. With handful of materials, both the writ petitioners and the official respondents highlighted their case before the High Court. The Division Bench, by the impugned order dated 03.11.2008, though refused to interfere with the project in question, however, directed that the Committee under the Chairmanship of Dr. R. K. Pachauri, which is to be constituted by the Government, is to examine and monitor the construction carried out by the DMRC. Apart from the said direction, on the same day, one of the Judges i.e. Rekha Sharma, J. while agreeing with the judgment prepared by A.K. Sikri, J. issued further directions castigating the Government and made serious insinuation against their officers. After those directions propounded by Rekha Sharma, J., the other learned Judge, A.K. Sikri, J. approved the same by treating those directions and observations as "post-script" and held that the directions issued by Rekha Sharma, J. would be deemed as directions of the Bench. Aggrieved by the conclusion and ultimate directions, D.D.A., Ministry of Urban Development and Poverty Alleviation, Ministry of Youth Affairs and Sports and Organizing Committee, Commonwealth Games filed the above appeals by way of special leave petitions. Dissatisfied with the conclusion of the Division Bench for not directing stay of the execution of any proposal or any fresh construction except Commonwealth Games Village and Metro Station contemplated on the river floodplain till the appropriate authority is constituted for regulating the floodplain, the writ petitioners have filed appeals by way of special leave petitions.;