JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER [

1. University of Delhi through its Registrar, North Campus, Delhi has filed this appeal under Section 16(h) of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act 2010’) assailing Environmental Clearance (hereinafter referred to as ‘EC’) dated 21.05.2021 issued by Ministry of Environment, Forest & Climate Change (hereinafter referred to as ‘MoEF&CC’) in favour of M/s. Young Builder Private Limited (respondent 11) (hereinafter referred to as ‘PP’) for construction of group housing project with built up area as 1,37,879.64 m2 at 1 , 3 Cavalry Lane and 4 Chhatra Marg, Near Vishwavidhyalaya Metro Station, New Delhi. The project comprises 5 number buildings/blocks. Total 446 flats shall be developed. Maximum height of the building permitted by the above EC is 145.3 meter. Details of the buildings, given in para 4(iv) of EC dated

21.05.2021, are as under:

2. Facts in brief giving rise to the present appeal, pleaded in memo of appeal are as under:

3. University of Delhi (hereinafter referred to as ‘DU’) was established in 1924 pursuant to Delhi University Act, 1922 (hereinafter referred to as ‘DU Act 1922’). Presently, DU comprises 16 faculties, 82 past-graduate department, 85 colleges and 20 advanced research centers, with around 1,82,000 regular students and more than 7,00,000 students in the distance learning stream. The principal seat of DU, together with many colleges, departments and research centers is located in North Delhi, commonly called as North Campus. There are large number of old historical buildings, Viceroy’s Lodges, colleges which belong to colonial period, etc. Persistent efforts have been made to preserve unique characteristics of DU’s North Campus under Master Plan of Delhi (hereinafter referred to as ‘MPD’) and zonal plan of Zone ‘C’.

4. The land in question belonged to Ministry of Defense. For the purpose of Delhi Metro Rail Corporation (hereinafter referred to as ‘DMRC’), a parcel of land, admeasuring 3.05 hectares, situated at Mall Road, Cavalry Lane and Chhatra Marg, falling in zone C (Civil Line zone) of MPD-2021, was acquired and handed over to DMRC. Mutation also took place entering name of DMRC in municipal record. Land use, categorized under MPD 2021, was “Public and Semi-public facility”. On 13.08.2008, DMRC transferred two hectares of land to PP for development of a group housing project. Agreement between DMRC and PP was executed on 15.12.2008. Possession of land was handed over to PP by DMRC on

23.01.2009.

5. State Environment Impact Assessment Authority (hereinafter referred to as ‘SEIAA’) granted EC to PP on 13.08.2012 under Environment Impact Assessment Notification 2006 (hereinafter referred to as ‘EIA 2006’). PP submitted application dated 09.02.2018 to SEIAA for amendment of EC dated 13.08.2012 which SEIAA granted on 23.03.2018 permitting construction of ‘group housing project’ on an area of 20,000 m2 with built up area, 1,17,733.81 m2 having A+G+37 floors with 410 dwelling units. This EC dated 23.03.2018 permitting amendment in the initial EC dated 13.08.2012 was challenged by applicant in Appeal No. 112/2018, University of Delhi vs. MoEF&CC & Others on various grounds. Memo of Appeal 112/2018 is annexure A/4 (page 96) which shows grounds raised in the said appeal, inter-alia as under:

(i) project is in category A and SEIAA has no authority to grant EC;

(ii) there is suppression of material of facts;

(iii) non-consideration of relevant aspects namely ambient air quality standards in terms of noise, air pollution vis-(cid:224)-vis traffic congestion, water requirement and environmental concerns, waste management,