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IN THE HIGH COURT OF DELHI
Navin Chawla, J.
Aman Lekhi - Appellant
Versus
Union of India - Respondent
W.P.(C) 3263 of 2014 & CM Nos. 6739 of 2014, 16004 of 2014, 28864 of 2018, 43902 of 2018, 48435 of 2018, 53450 of 2018, 5953 of 2020, 8608-10 of 2020 and 12600 of 2020
Decided On : 11-02-2021




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 infrastructure planning.

Headnote:(A) Delhi Development Act, 1957 - Master Plan for Delhi, 2021 - Urban development project - Redevelopment of Kidwai Nagar (East) challenged on grounds of environmental impact and violation of urban planning regulations - Project permitted higher FAR with adequate infrastructure plans, including mitigation for traffic congestion and provision for social infrastructure. (Paras 69-130)

(B) Environmental Law - Balanced approach to urban redevelopment - Principles of sustainable development and public trust doctrine applied, ensuring redevelopment does not infringe on residents' rights or environmental concerns. (Paras 69-108)

(C) Traffic Management - Inadequate traffic assessment procedures prior to project approval cited as concern, but measures proposed to mitigate congestion and improve access. (Paras 110-114)

(D) Land Use Regulations - Issues raised about adherence to mixed use regulations and permissible limits on commercial development were found to be overstated based on statutory approvals granted. (Paras 100-128) (E) Tree Plantation - Compensatory plantation requirements for tree removal addressed, though shortfalls noted. (Paras 128-129)

Table of Content
1. overview and objectives of the kidwai nagar redevelopment project. (Para 1 , 3 , 4 , 5 , 6 , 7)
2. petitioner arguments against redevelopment impact on environment and infrastructure. (Para 2 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
3. responsive measures taken by authorities to address project concerns. (Para 34 , 35 , 37 , 38 , 39 , 40)
4. balancing development with environmental protections and legal framework. (Para 69 , 70 , 71 , 72)
5. conclusion affirming the project's compliance with legal norms. (Para 130 , 131)

JUDGMENT

1. The present petition has been filed by the petitioners praying for the following relief:

"(a) Pass a writ of mandamus thereby directing all the concerned agencies to ensure that the residential character of the colony of South Ex-II and the adjoining areas that have lost their residential nature due to unprecedented unchecked commercial growth is restored,

(b) Pass a writ of mandamus thereby directing the concerned authority to ensure that the illegal parking inside the colony is stopped forthwith,

(c) Pass a writ of mandamus thereby directing the respondent no. 3 to take action on the decision of the monitoring committee thereby denotifying the commercial street D8-D15 and take appropriate action against the illegal commercialization of streets D1-D7 and M1-M10, and

(d) Pass a writ of mandamus thereby directing the Environment Pollution Control Authority (EPCA) to give a comprehensive report on the impact of commercialization and development of Kidwai Nagar on the ring road and residents of colonies along the ring road with full details of environmental impact.

(e) Pass a writ of mandamus thereby directing the EPCA to give detailed survey and furnish report on the illegal commercial activities and also to produce the survey report and all other related facts based on which the illegal commercial activity has been permitted.

(f) Pass a writ of mandamus thereby directing TERI (The Energy and Research Institute) and DPCC (Delhi Pollution Control Committee) to submit report of sound and air pollution in the area. Also the location of testing instruments should be decided in consultation with the Petitioners in writing so that the true and correct reading of the instruments can be ensured.

(g) Pass a writ of mandamus thereby directing the Fire Department and Delhi Traffic Police to give report confirming the free access in case of emergency.

(h) Pass a writ of mandamus thereby directing EPCA/Fire Dept./Delhi Traffic Police to conduct a survey and provide their report/NOC whether NDSE-2 is suitable to access in case of emergency on account of presence of commercial activity.

(i) Pass a writ of mandamus thereby directing MCD/DDA to produce the rights/obligations under category B of House Tax classifications. Also to direct MCD to disclose on affidavit the house tax collected from South Ex residential area and its utilization in the residential area in the past 10 years.

(j) Pass a writ of mandamus thereby directing all the concerned agencies that the green belt within and surrounding the colony is protected and not used for any construction.

(k) Pass a writ of prohibition thereby restraining the re-development of Kidwai Nagar project till the present problems of traffic congestion and parking are not addressed by the respondent authorities.

(l) Pass a writ of mandamus directing ASI to disclose if and as to how it had granted permission of such huge project next to the heritage monument Tomb of Darya Khan."

2. At the outset, the learned counsel for the petitioners submits that she wishes to confine her prayer only to the issues pertaining to redevelopment of Kidwai Nagar (East) and for the other prayers, the petitioners will be seeking appropriate remedy in accordance with law, if so advised. In fact, it is noticed that right from the filing of the petition, the focus of the petition has been only on the redevelopment of Kidwai Nagar (East). The petition is therefore, confined to this lim

















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