Can’t stay East Kidwai Nagar project in entirety, says Delhi high court

The Delhi HC was hearing a petition filed in 2014 alleging that the plan for the East Kidwai Nagar project, meant to provide accommodations to government officials, was done without considering the environmental implications, road space, or rights of residents.

The Delhi high court on Tuesday said it cannot stay the East Kidwai Nagar redevelopment project in entirety and will have to allow the project to some extent. This came after the NBCC (India) told the court that public money is being wasted because of the stay on handover of commercial plots.

The Delhi high court had on August 22 stayed the NBCC from handing over possession of commercial space in East Kidwai Nagar. (Sanchit Khanna/HT PHOTO)

“To some extent, we will have to allow this project,” justice Vibhu Bhakru said.

The court was hearing a petition filed by Aman Lekhi in 2014 alleging that the plan for the East Kidwai Nagar project, meant to provide accommodations to government officials, was done without considering the environmental implications, road space, or rights of residents.

The court’s observation came after additional solicitor general (ASG) Pinky Anand, appearing for NBCC, urged the court to vacate the stay on the handover of commercial plots.

“Ninety per cent of the project is residential and only 10% is commercial. If we do not sell the commercial plots, then we would not be able to recover the cost of developing residential plots. At the end of the day, it is public money,” Anand contended.

Following this, the court said it might consider vacating the stay on the next date of hearing.

On August 22, the Delhi high court had stayed the NBCC from handing over possession of commercial space in East Kidwai Nagar.

The New Delhi Municipal Council (NDMC) had filed an affidavit stating that it would have to give 2,270 KLD of water for the redeveloped East Kidwai Nagar as against 2,200 KLD being supplied before the demolition of the flats there.

The court sought to know from the counsel for NDMC as to how it would meet additional demand of 70 KLD when the Delhi Jal Board has refused to give water.

“How are you going to meet the requirement? Is there any area where you are supplying surplus water? You have sanctioned supply without arranging the water,” the court said, adding that a project has been pushed through without having resources in place.

The court also granted UTTIPEC four weeks to give its report on whether the project could be scaled down, in light of the traffic assessment report submitted by Geetam Tiwari, an IIT professor. The matter would be now heard on January 21, 2019