JUDGMENT

Dr D.Y.CHANDRACHUD, J.

Leave granted.

2 These Appeals by the National Building Construction Corporation, a public sector enterprise, arise from a judgment and order of the Delhi High Court dated 7 April 2016.

3. Under the Master Plan of 2021, Delhi Development Authority issued a Zonal Development Plan for Zone (Division) -D on 27 July 1993, under which Kidwai Nagar East was earmarked as a colony for re-development. Spread over an area of 86 acres, the colony comprised of 2331 housing units meant for employees of the Central Government. Apart from residential units, the colony had three schools and two local shopping markets. Within its precincts, there is a protected monument, called Darya Khan’s Tomb on an area of about 2 acres.

4. The Master Plan took effect on 7 February 2007, following final approval and a notification in the Gazette of India. Following the approval of the plan for re-development by the Union Cabinet on 12 October 2010 and by the Cabinet Committee on Economic Affairs on 23 March 2012, a Letter of Intent was issued to the Appellants who were nominated as the executing agency on 22 June 2012. The projected cost of re-development of the colony is Rs. 5,300/- crores with a stipulated date of completion of December 2019. The project envisages the construction of 4608 residential units (comprised of type II-VII residential units) for employees and officers of the Union Government and office space for its agencies.

5. The petitioner submitted a layout plan together with a plan for re-development, for sanction to the NDMC on 23 July 2012. An environment clearance was issued on 13 August 2012. On 18 October 2012, the Ministry of Urban Development handed over the land to the Appellants and issued no objection certificate for re-development. The new layout plan and plan of proposed structures was sanctioned by NDMC on 13 March 2014. The work of re-development has proceeded upon receipt of statutory clearances.

6. The bone of contention is a road by the name of Veer Chandra Singh Garhwali Marg. The road traverses a distance of 680 meters commencing from Aurobindo Marg to its terminal point at Darya Khan’s Tomb.

7. Writ Petitions were filed before the Delhi High Court under Article 226 of the Constitution by the Residents’ Welfare Association of South Extension Part-I, and by associations inter alia representing the residents of Kotla Mubarakpur and Village Pillanji, among others. The grievance in the Writ Petitions was that after re-development commenced in September 2013, NBCC progressively encroached upon the public road. On 24 December 2015, the residents of South Extension, Part-I, Village Pillanji and Kotla Mubarakpur found that the road had been completely cordoned off and blocked. A sign board was put up stating that the road would be permanently closed on 10 January 2016. As a result of the closure of the road, which according to the petitioners before the High Court is a public road, access was being denied from Aurobindo Marg for onward journey towards South Mehrauli or North Central Delhi and beyond. The action of NBCC of closing what is described as a public street within the meaning of the NDMC Act 1994, was urged to be contrary to law; the grievance being that the residents of localities in the area had utilized it for over 60 years to access Aurobindo Marg, INA metro station and market and other public amenities.

8. A mandamus was sought inter alia to the Appellants to maintain the road by the removal of encroachments made thereon. A prohibitory direction was sought for restraining the Appellants from closing the road.

9. During the course of the hearing of the Writ Petitions before the High Court, the Appellants and NDMC filed their respective counter affidavits. The defense of the Appellants was that Veer Chandra Singh Garhwali Marg together with other roads and passages inside the colony are internal roads and do not constitute a public street within the meaning of Section 2 (39) of the NDMC Act, 199