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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Kuldeep Singh Sahani & Ors. - Appellants
Versus
Government of NCT & Ors. - Respondents
W.P.(C) 12986 of 2021 & CM Appls. 27304 of 2022, 38046 of 2023, 48055 of 2023, 48056 of 2023, 61834 of 2023 & 61835 of 2023 etc.
Decided On : 15-03-2024
Closure of Public Roads - Sarojini Nagar Market - Section 203, 206, 209 of NDMC Act - The court discussed the closure of public roads in Sarojini Nagar Market and the redevelopment project for the GPRA colonies. The key legal provisions of Section 203, 206, and 209 of the NDMC Act were interpreted to determine the legality of the road closures. The court found that the closure of public roads must follow the mandatory procedure as per the provisions of Section 203 of the NDMC Act, and the closure of roads in the present case was deemed illegal and arbitrary for not following this procedure. The court also considered the approvals and NOCs obtained for the redevelopment project and concluded that the project was being carried out after due compliance with all procedural requirements prescribed.
Fact of the Case:
The petitioners, traders of the Sarojini Nagar Market, filed a writ petition challenging the permanent closure of public roads in the market area for a redevelopment project. The petitioners argued that the closure of roads was illegal, arbitrary, and unconstitutional as it was processed without following the mandatory procedure under the NDMC Act. The respondents included various government authorities involved in the redevelopment project.
Finding of the Court:
The court found that the closure of public roads in the Sarojini Nagar Market was illegal and arbitrary as it did not follow the mandatory procedure under Section 203 of the NDMC Act. The court also noted that the redevelopment project had obtained necessary approvals and NOCs, and no procedural irregularity was found.
Issues: The main issue was the legality of the closure of public roads in the Sarojini Nagar Market for the redevelopment project. The court also addressed the contempt petition filed by the petitioners, alleging wilful disobedience of the court's observations.
Ratio Decidendi: The court's decision was based on the interpretation of the NDMC Act, specifically Section 203, 206, and 209, which govern the closure of public roads. The court also considered the approvals and NOCs obtained for the redevelopment project to determine compliance with procedural requirements.
Final Decision: The writ petition, contempt petition, and pending applications were dismissed, and the closure of public roads for the redevelopment project was upheld. The court found that the project was being carried out after due compliance with all procedural requirements prescribed.
JUDGMENT
1. The present writ petition being W.P.(C) 12986/2021 has been filed by various traders of the Sarojini Nagar Market, including the Sarojini Nagar Market Shop-Keepers Association with the following prayers:
"(i) Allow the present petition;
(ii) Issue a Writ, order or directions in the nature of prohibition thereby restraining the Respondents from permanently closing the public roads in the number being 16, as shown in the layout plan/map annexed herewith either temporarily or permanently
(iii) Declare that the closure of 16 collector roads by the respondents is illegal, arbitrary and unconstitutional since the permanent closure of Public Street is being processed without issuing any Public Notice and without obtaining NOC's from the UTTIPEC, ACP of Traffic Police, SHO, Sarojini Nagar, Chief Engineer, NDMC etc. and without passing of the Resolution of the Meeting of the Council Members of the NDMC, thus contrary to the provisions of the section 203,206 and section 209 of the NDMC Act.
(iv) Issue a writ of mandamus directing officials of NBCC i.e, Respondent No.2 to shift proposed retail mall which is to be built to Cross road No.2 as there are already enough shops to cater to the needs of residents and those visiting Sarojini Nagar from various parts of the town as well as from other parts of the country.
(v) Pass a writ of prohibition thereby restraining re- development of the project of GPRA Colony of Sarojini Nagar, till the present problems of Traffic congestion and Parking are not analysed and addressed by the authorities
(vi) Pass a writ of Mandamus thereby directing the Respondent No.6 and 7 to give reports confining the free access in case of emergencies in respect of width of the roads to carry out smooth evacuation and rescue operations by all kinds of fire tenders, cranes etc. "
2. It is stated also stated that the roads which have been closed are public roads and they have been closed without following the procedure under the New Delhi Municipal Corporation Act, 1994.
3. The Petitioners herein are owners of commercial shops present in the Sarojini Nagar Market, New Delhi, and few of them also reside over the shops. Respondent No 1 is the Government of NCT, Delhi. Respondent No.2 is the National Building Construction Corporation Ltd and Respondent No.3 is the New Delhi Municipal Corporation. Respondent No. 4 is the Commissioner of Police, Delhi, Respondent No. 5 is the Ministry of Urban Development Government of India. Respondent No. 6 is the Delhi Fire Services. Respondent No. 7 is the Delhi Traffic Police, South District and Respondent No. 8 is the Delhi Development Authority.
4. The facts leading up to the present petition arise as a result of a policy introduced by the Ministry of Urban Development, Government of India, which is envisaged in the MPD-2021 for the redevelopment of seven General Pool Residential Colonies for Government Employees (GPRA). The said redevelopment project includes Netaji Nagar, Nauroji Nagar, Sarojini Nagar, Kasturba Nagar, Thyagraj Nagar, Srinivaspuri and Mohammadpur.
5. The residential flats in the vicinity of Sarojini Nagar were originally built in 1952 by CPWD to accommodate government employees. The colonies which developed as a result thereof had a network of various collector roads connected with three internal artery roads namely Brigadier Hoshiyar Singh Marg, Rajmata Vijayaraje Scindia (`I' Avenue) and Sri Vinayak Mandir Marg (`B' Avenue). The current redevelopment plan envisages the complete demolition of the pre-existing residential flats and the construction of Hi-Rise residential towers with commercial spaces for retail, offices and modern state of the art facilities.
6. That the project for redevelopment was to be carried out on a parcel of 258.186 acres land including roads, and the same was entrusted with Respondent No. 2/NBCC as the executing/implementing agency on behalf of the Ministry of Urban Development, Government of India via an agreement between them. That the NBCC
AI
The redevelopment of urban areas must conform to the statutory master plan while balancing development needs and environmental protections, with close adherence to traffic management and social infra....
The court mandated the Jaipur Development Authority to construct a planned 100 ft. road as per the Master Plan and remove all encroachments obstructing public infrastructure, emphasizing judicial res....
The court emphasized that the petitioner should approach the appropriate authority if an adverse order is passed by the Government, as the matter is pending with the Government.
The court emphasized that public interest in access to a completed public road outweighs private claims, disallowing obstruction based on width specifications set by plaintiffs.
Courts have to weigh the public interest vis-a-vis the private interest while exercising the power under Article 226 indeed any of their discretionary powers.
The court affirmed that the approved layout plan of 2008 designates specific plots as residential, rejecting claims of their designation as park facilities.
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