Children’s right to play prevails over parking plan in south Delhi
The Delhi HC was hearing a plea from a few local residents against the SDMC proposal to build a multilevel parking in the children’s park around the Gumti of Shaikh Ali behind Defence Colony market.Updated: Feb 08, 2019 14:16 IST
The South Delhi Municipal Corporation (SDMC) has abandoned its plan to build a multilevel parking in the children’s park around the Gumti of Shaikh Ali behind Defence Colony market. Instead, it will relocate it into the market itself.
This was told to the Delhi High Court, which was hearing a plea from a few local residents against the proposal.
Justice Anup Jairam Bhambhani was informed that a no-objection certificate has also been obtained from the Defence Colony Market Association. The civic body said the new plan will not affect any green area or the historical ’Gumbad’ structure of the Gumti of Shaikh Ali.
The court asked the civic body to take all necessary permissions and comply with the requisite formalities before constructing the parking facility and disposed off the plea. It also made clear that the SDMC would not proceed with the construction even at the new site without the permission of a division bench of the high court, which is hearing a similar matter pertaining to “right to play” for children.
Reacting to the court order, a senior SDMC official said, “The matter of construction is now pending before the division bench and we will abide by their directions.”
The petition filed by the residents had contended that the parking, if constructed, would take over land from a children’s park and the arterial Varun Marg, additionally obscuring the beauty and historical significance of a 14th century Lodhi era tomb, the Gumti of Shaikh Ali situated in close vicinity of the area.
The plea had cited several media reports, which had highlighted that many monuments of the city have vanished due to encroachments. It had said that the parking with a capacity of 180 equivalent cars spaces (ECS) and building height of 17 metres was being positioned in a way that it completely obstructs the main entry to the tomb.
Jagdish Gupta, secretary of the Defence Colony Market Welfare Association, said that they have given their consent for the parking.
“The parking project has our consent as it will be an additional feature to the market. It will also be a solution to the parking problems faced by the people from a long time now,” Gupta said.
Meanwhile, a bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao reserved the order on a plea by Rajeev Suri, a resident of Defence Colony, had moved to the court seeking the restoration and proper maintenance of the gumti, a protected monument.
The plea had stated that the Resident Welfare Association (RWA) was housing its office in the gumbad, ancient edifice dating to the Lodi period (the last dynasty of Delhi Sultanate, 1451-1526).
First Published: Feb 08, 2019 14:16 IST