HC declines to interfere with East Kidwai Nagar revamp project

The high court observed that while decentralisation of offices was the need of the hour, it cannot be said that there was total prohibition on relocation of central PSU offices within Delhi at present.

The Delhi high court on Thursday declined to interfere with the East Kidwai Nagar Redevelopment project, saying it was in tune with the Master of Delhi (MPD) 2021 even as the court assigned specific tasks to several agencies involved in order to address concerns raised by the residents of South Extension-II who petitioned the court in 2014.

The East Kidwai Nagar project is one of the massive residential redevelopment plans around the Ring Road. (Bloomberg)

The high court observed that while decentralisation of offices was the need of the hour, it cannot be said that there was total prohibition on relocation of central PSU offices within Delhi at present. “One can only say that the government must work towards the fulfilment of this goal that has been set in the MPD,” Justice Navin Chawla said.

The East Kidwai Nagar project is one of the massive residential redevelopment plans around the Ring Road. The complex, spreading over 86 acres, aims to construct more than 6,000 residential and commercial plots. As per the central government’s plan, eight areas are being developed as group housing societies —East Kidwai Nagar, Sarojini Nagar, Netaji Nagar, Nauroji Nagar, Kasturba Nagar, Thyagaraja Nagar, Srinivaspuri and Mohammadpur where more than 25,000 flats for government employees are being made in these neighbourhoods.

The court on Thursday directed the National Buildings Construction Corporation (NBCC), which is carrying out the project, to not hand over the possession of the commercial space at East Kidwai Nagar until compensatory transplantation is carried out and the 10% excess earmarking of commercial space adjoining the Darya Khan Tomb is not compounded.

The court said mere grant of sanction by the New Delhi Municipal Council (NDMC) for construction, cannot give the right to the NBCC to encroach upon a protected monument area where no construction could be done within 100 metres according to the norms of the Archaeological Survey of India (ASI).

“…The project has been considered by various Authorities like the state Level Environment Impact Assessment Authority, National Monuments Authority, Delhi Pollution Control Committee, Unified Traffic & Transportation Infrastructure (Planning and Engineering) Centre, New Delhi Municipal Council, Delhi Urban Arts Commission, etc. In absence of any specific challenge to any of such permissions, this court cannot sit as an appellate body over such authorities to reassess the permissions so granted,” the court said.

Advocate Manali Singhal, who represented the petitioners, said the project violated traffic, pollution and environment norms. She said the project does not provide for adequate infrastructure in form of roads, open spaces, water supply, green belt, etc and alleged violation of various conditions imposed by the authorities while granting permissions for the project.

The court said that it has to be ensured that for lack of parking space in the colony, vehicles are not parked outside on the main or the arterial roads. It directed the authorities, including Delhi Police to ensure “strict policing and zero tolerance” to avoid congestion.

“Once the order is read and understood, the court orders will be implemented as directed,” the Delhi traffic police said.

The authorities had told the court that they had already planted 14,575 trees till October 2019 as compensatory plantation out the total 15,455 approved. A senior forest department official said the orders of the court will be followed and a report of its implementation will also be prepared.

The court also rejected the challenge to the project on the ground of lack of social infrastructure. The plea said that even the area earmarked for social infrastructure is being used for commercial purposes. This, however, has been refuted by NBCC that out of the total permissible area of 56221.70 sqm, actual constructed area for social infrastructure is 32,111 sqm with additional construction of 2,000 sqm.

It also said that there is no shopping mall being constructed in the complex. It said that it is only a local shopping centre which will be used only for purposes of shops that are required for the colony.

The court said that in view of the Centre’s submission, the contention is unmerited.

The judge also said that while there is no doubt that the project of this proportion does put tremendous pressure on the existing infrastructure, it has to be considered from the point of view of the Master and the Zonal Development Plans.

“The impact of the project on the infrastructure is also to be considered by the Authorities charged with the function of granting sanction to such a project and to keep a check on compliance with the various conditions imposed by them in such sanction.

In the present case, the various respondents have given details of the permissions granted by them to the project. They have also taken a stand that there is no violation of the conditions imposed by them. In the petition there was no specific challenge to any of the permissions/sanctions so granted. In such a scenario, vague pleas of violation of any conditions imposed cannot hold any water,” the court said.

NBCC did not immediately offer a comment on the issue.