The Commonwealth Games Evaluation Commission for the 2010 games was advised by “relevant Government agencies” that “the development of venues and the Games Village will include environmental considerations related to micro-environment, ecology...” The big question is, how does the so-called Village take care of the local ecology when its construction is going to be on the Yamuna’s flood plains? It is not surprising that the question never arose before the Commission, given that there is no entity in Delhi which speaks for the Yamuna and its flood plains.

The Supreme Court and the Delhi High Court, located not far from the river’s banks, have been speaking for the river for well over a decade but the focus has been more on evicting slum dwellers or setting up treatment plants that manage effluent discharge into the river. An ecosystems approach to the river has been largely missed by the judicial eye, even as its limited orders keep searching for compliance.

In a departure from this general judicial trend, the Delhi High Court in an obscure judgment almost a decade ago had observed: “The DDA or the Delhi Administration are not the proper authorities to plan for the development of inter-state rivers. For that purpose a special legislation exists, namely, River Boards Act 1956, which provides for River Boards which have special and exclusive powers to plan for the development of inter-state rivers, riverbeds and flood plains.” Ten years later, a ‘river board’ for the Yamuna is still not in the offing as the central law under which it should have been created has itself been lying dysfunctional for over 50 years now!

... contd.