S. RAVINDRA BHAT,J

1. The city of Delhi prides itself in a large green cover; the eighth report of the Standing Committee on Urban Development (2004-05) of the Fourteenth Lok Sabha, states that 19% of the city is “green area”, more than the garden city of Bangalore (at 13.57%). The report also states that 5050 hectares of the total green area is under the jurisdiction and control of Delhi Development Authority (DDA), which has developed 1600 acres of such spaces into parks of different kinds and sizes, woodlands, greenbelts, etc. In this case the petitioner, an association of residents of three blocks of the DDA Maya Enclave, seek a writ or direction enjoining the respondents, including DDA from changing the use and character of a green area, admeasuring 3000 square meters.

2. The EA, EB and EC Blocks of Maya Enclave (hereafter collectively referred to as ``the colony'`) comprises of several flats constructed, and transferred to its allottees, by the DDA. In keeping with its policies, the DDA developed open spaces near, and adjoining the colony into Parks and woodlands. It is averred that these spaces have been indicated as `` Green `` in the Master as well as the Zonal Development Plan, prepared and published by the DDA. The petitioners have also relied upon a layout plan of the area, which too, earmarks certain spaces as parks. It is claimed that the DDA spent considerable sums of money for the development of such green areas; the petitioners also allege that the local MLA sanctioned a sum of Rs. 2.5 lakhs for development of the park. The petitioners allege that the DDA has an office of its horticultural department in the area, for upkeep of the plantations trees etc in the park.

2. The petitioners also allege that the DDA has developed a walking/jogging track in the woodland for the convenience of residents of the area and the surrounding vicinity, for the purpose of morning walks. It is claimed that this is in keeping with the norms prescribed for development of green and open spaces having regard to the density of population. The petitioners have also enclosed copies of photographs showing the woodland at the stage of development undertaken by the DDA.

3. It is claimed that green areas are of utmost importance to residents of the city since they provide much-needed breathing space to the people of Delhi, who are surrounded by a concrete jungle. The residents of the area, it is averred, noticed some activities upon the land and on inquiry they were informed that a part of the Park (which is over 5 acres) measuring 75 m x 40 m (3000 square metres) was allotted to the third respondent (hereafter referred to as `` IGL'`) for the purpose of constructing a `` CNG mega bus filling station'`. The petitioners represented to the Vice-Chairman, DDA on 5th of June 2006 requesting that no part of the woodland ought to be changed to any other use. On the 16th of June 2006, the petitioners again noticed considerable activity on the plot where the proposed CNG station was to be constructed. It is also alleged that the petitioners and other residents of the area protested to the conversion of the green into a mega CNG-filling station but the same was to no avail. They were handed over a copy of the letter dated 30th of November 2005 indicating that the 3000 square metres plot had been allotted to the IGL. They were furnished with the copy of a letter dated 18th of April 2006, handing over possession of the plot to be IGL.

4. It is alleged that the site is near the Block EC, at a location of 60 metres away from the proposed filling station. This, it is claimed, poses a hazard to the residents of the locality, living in that block of flats. In addition, the petitioners allege that the respondents obtained permission to cut 77 trees, from the Deputy Conservator of forests, Government of NCT of Delhi despite their protests. A copy of the letter dated 12-6-2006 issued by the Dy. Conservator of forests indicating his permission to fell trees ha

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