Will reconsider exclusion of certain areas from LBZ: Arts commission to Delhi HC

Spread over 28 sqkm, the Lutyens’ Bungalow Zone is governed by a strict building law that does not allow the construction of basements and caps the number of floors

The Delhi Urban Arts Commission (DUAC) has informed the the Delhi high court that it will review its recommendation to exclude certain neighbourhoods in the national Capital from the Lutyens’ Bungalow Zone (LBZ) after conducting a detailed study on various aspects.

Residential area of Sundar Nagar in New Delhi. Several plot owners and residents of Sundar Nagar, Golf Links, Bengali Market, and Panchsheel Marg, who want to reconstruct or make alterations to existing buildings, approached the high court earlier this year seeking a direction to the Ministry of Housing and Urban Affairs (MoHUA) to implement the recommendations made by DUAC in 2019. (Representational image/HT Archive)

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

Several plot owners and residents of Sundar Nagar, Golf Links, Bengali Market, and Panchsheel Marg, who want to reconstruct or make alterations to existing buildings, approached the high court earlier this year seeking a direction to the Ministry of Housing and Urban Affairs (MoHUA) to implement the recommendations made by DUAC in 2019.

That year, DUAC recommended the following areas be excluded from the LBZ -- Jor Bagh, Golf Links, Sunder Nagar, Bengali Market, Ashoka Road, Mandir Marg, Panchsheel Marg, Sardar Patel Marg, and Chanakyapuri.

The Centre, however, told the high court on October 5 that it has rejected the DUAC recommendation, and asked the commission to reconsider the matter.

On the last date of hearing (October 21), the DUAC told the court that it held two meetings to discuss the Centre’s feedback but the issue remained “inconclusive”.

The court, while observing that such conduct is not appreciated, then granted two weeks to DUAC to file an affidavit categorically stating its stand as to whether it would reconsider the report in any manner and, if yes, then on what grounds.

In response, the commission filed an affidavit on November 16, saying that it decided to reconsider its decision of excluding the certain areas after studying several issues, as well as the impact assessment studies for transportation, environment, heritage, population density, and civic amenities.

DUAC said that the Centre’s letter dated October 1 rejecting the recommendations was considered in a meeting held on October 7 where it was felt that the issues raised by the MoHUA required an in-depth examination.

Following this, another meeting was fixed on October 9 to consider the issue where it was decided that several issues raised by the ministry may not have been addressed by the commission in its report on Lutyens Bungalow Zone Boundary and Development Guidelines of August, 2019.

“It was decided that in order to cover additional aspects raised by Respondent No.1 (MoHUA) in its letter, the commission would require greater study involving field visits, suitable manpower and coordination with other stakeholders,” DUAC told the court.

The affidavit said that the commission again met on October 27 and observed that several queries raised by the ministry were not dealt with in the LBZ Boundary and Development Guidelines and would require further study of multiple domains including transportation, environment, heritage etc.

In their plea, the petitioners (residents and plot owners) contended that one of the recommendations the commission made was that certain areas of the city, including the certain areas in question, 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 described in the report submitted by DUAC.