[Reader-list] YJA - Supreme Court decides in Yamuna Case

[Jeebesh]

From: yamunajiye at gmail.com

Dear Friends,

Not unexpectdely, a three member bench of the Hon'ble Supreme Court of  
India today set aside in to-to the judgement of the High Court of  
Delhi in the Yamuna case (Rajendra Singh and othrs v Govt of Delhi and  
othrs). It declared its judgement based on just a single day hearing  
on 15 July 2009 where no experts were ever consulted that:

a) The area in question is not even the flood plains
b) The Supreme Court Judgement in the Akshardham case (where the court  
itself had observed that because the petitioners are unable to REBUT  
the DDA's affidavit .....) is a binding precedence
c) The NEERI report 2008 (which had been blasted by both the judges at  
the HC of Delhi as being tailor made to suit the DDA's interests) is  
valid and applicable
d) That a committee headed by the Lt Governor, CM of Delhi and Dr RK  
Pachauri shall monitor the construction (what is still left to monitor  
we fail to understand). But if everything is fine then what is left to  
be monitored?

Clearly the Supreme Court has gone overboard in its efforts to please  
the powers that be. An existing murder of the flood plains  
(Akshardham) has been used to justify the murder of yet another part  
of the river bed / flood plains.

It is the very NADIR.

The people of this country have been failed on their river front;

a) By the legislative who have failed to legislate for the rivers till  
date
b) By the executive who despite knowing all the wrong it were  
committing has persisted with it
c) And now by the Judiciary that has gone totaly overboard without  
even a semblence of sanity

So now it is left only to the PEOPLE"S COURT to tell all the three  
organs of the state that U ARE IN THE WRONG. Our rivers and their  
flood plains are not commodities to be exploited but life giving  
entities to be preserved avd revered.

We shall soon deconstruct the Supreme Court judgement line by line for  
your information. As a beginning kindly peruse the file notings in the  
matter as we had received under the RTI Act to see for yourself the  
dirty game of vested interests playing havoc with the life line river.  
Kindly note in particular the hand written notings where conditional  
clearance has been issued not because merit decides so but because  
"the DDA is pressing hard".

It is also time for the SUNITA NARAINS, MEDHA PATKARS, HIMANSHU  
THAKKARS, DINESH MISHRAS, INTACHs and WWFs etc in the country to come  
out in open and resist the onslaught of the state on our rivers.

AMEN !

Happy reading.....

Manoj Misra
Convenor