NGT had ordered that the PDD could constitute a special-purpose vehicle for the rejuvenation of Yamuna (File)
New Delhi:
The Delhi Development Authority (DDA) has expressed its incapacity before the National Green Tribunal to constitute a special purpose vehicle (SPV) for the rejuvenation of the Yamuna river.
The DDA told the court that there were legal obstacles to the creation of a separate legal entity under the Delhi Development Act, 1957 as an SPV.
In March, the NGT ordered that the DDA be able to build a special-purpose vehicle within two weeks for the rejuvenation of the Yamuna River.
The DDA stated that the word “may” was used by this court in its order because it found it appropriate that, taking into account all the circumstances, the DDA is considering whether or not to constitute an SPV.
“In the light of the provisions of the DDA law, it is alleged that under section 52 of the law, the DDA can delegate powers which can only be exercised to civil servants, local authorities or committees The law does not contain any enabling provision to constitute a company or a special purpose vehicle or to delegate its powers to an entity or another person not expressly mentioned in section 52 of the Act.
“It is argued that, since the DDA was created under the DDA law, it cannot operate beyond the limits set by that law. It will be worth mentioning here that a mechanism is already in place to monitor the Yamuna. This includes the Yamuna River Superior Council and the United Center for the Restoration and Rejuvenation of the Yamuna River, “said the DDA in its report to the NGT.
The DDA said that the function of the Upper Yamuna River Board includes regulating the supply of water to old storage, dams and maintaining a minimum flow throughout the year based on ecological considerations and monitoring Yamuna’s water returns by different States.
According to the report filed through lawyer Kush Sharma, given the legal provisions, the DDA may not be able to establish an SPV as planned.
“He is requested that this report be recorded and that the submissions of the DDA concerning the legal prohibition on the creation of an SPV be kindly taken into consideration,” he added.
The green panel had ordered the governments of Delhi, Haryana and Uttar Pradesh to take swift action on the management of wastewater, industrial pollutants and solid waste discharged into the river.
The NGT has stated that the functions of the special purpose vehicle will include the ecological restoration of floodplain areas, the establishment of biodiversity parks, artificial wetlands, phytoremediation of drains at the mouths of the river, the maintenance of vigilance and flow measurement, creation of ecological services, removing encroachments and undertaking other activities, including the development of the river front.
(With the exception of the title, this story was not edited by GalacticGaming staff and is published from a syndicated feed.)
