Sundar Nagar, Golf Links, Bengali Market to stay in Lutyens’ Bungalow Zone

Justice Rekha Palli, who was hearing a clutch of petitions seeking the implementation of the DUAC recommendations, was informed by the DUAC counsel that a meeting of the commission has been scheduled for October 7 to review the Centre’s action.

The Centre on Tuesday informed the Delhi high court that the matter of the exclusion of eight neighbourhoods of the national capital from the Lutyens’ Bungalow Zone (LBZ) has been remanded back to the Delhi Urban Art Commission (DUAC) as the commission’s earlier recommendation -- to exclude these areas -- has been rejected.

Sundar Nagar, Golf Links, Bengali Market to stay in Lutyens’ Bungalow Zone

Justice Rekha Palli, who was hearing a clutch of petitions seeking the implementation of the DUAC recommendations, was informed by the DUAC counsel that a meeting of the commission has been scheduled for October 7 to review the Centre’s action.

Spread over an area of over 28 sq km, the LBZ is governed by a strict building law that does not allow construction of basements and caps the number of floors.

Senior advocate Vikas Singh, appearing for the residents of the areas that were proposed to be excluded, contended that the rejection of the DUAC recommendation was mala fide and without any due application of mind by the Centre.

Several plot owners and residents of Sundar Nagar, Golf Links, Bengali Market, and Panchsheel Marg, who are desirous of reconstructing or making alterations to existing buildings, have approached the high court seeking a direction to the ministry of housing and urban affairs to implement the recommendations made by DUAC in 2019.

The petitioners said one of the recommendations, which was made by the commission, was that certain areas of the city -- including Jor Bagh, Golf Links, Sunder Nagar, Bengali Market, Ashoka Road, Mandir Marg, Panchsheel Marg, Sardar Patel Marg, and Chanakyapuri -- ought to be excluded from the Lutyens’ Bungalow Zone.

In the petition concerning the Bengali Market area, the petitioner defended the exclusion on the ground that the area comprised small residential plots of land measuring 212.5 square yards to 500 square yards and the developed properties could not be considered as ‘’bungalows’’ as is commonly understood and as also described in the report submitted by DUAC.

In August, the court directed the ministry to decide on the recommendations made by DUAC within three weeks, while bearing in mind the peculiar bungalow style features of the zone and the fact that the recommendations did not seek to interfere with the LBZ guidelines but only suggested the exclusion of some areas that have modern constructions.

The court said it expected the commission to examine the queries put forth by the Centre at the time of remand.

“Issue is that they (Centre) are not accepting (recommendations). As a court, we will hear the matter at length. We will have an idea (after the commission’’s meeting),” the court said and listed the matter for further hearing to October 18.