ORDER

1. A factual and action taken report was sought from the Delhi Metro Rail Corporation (DMRC) with reference to the allegation that a commercial complex was proposed to be constructed by DMRC in a park. The applicant stated that in the year 2012, some open land (District Park) was transferred to the DMRC which was to be redeveloped after completion of the construction work. Construction work has been completed but instead of redeveloping the park, the DMRC was proposing to develop it as commercial complex against the Environment norms and Public trust doctrine requiring the park to be maintained as such.

2. The matter was last considered on 11.08.2020 in the light of report of PCCF, Delhi dated 04.03.2020 as follows:

“3. In view of above, Principal Chief Conservator of Forest (PCCF), Delhi has filed a report on 04.03.2020 as follows:

“4. That a site inspection of the underground (U/G) metro station at BhikajiCama Place was conducted by the undersigned along with the officers of DMRC and DDA. During the site visit, DMRC presented report on Traffic Impact Assessment study for the proposed commercial development on the U/G metro station at BhikajiCama Place. This study was carried out by TPA Engineering Consultants (I) Pvt. Ltd. (Annexure-B).

5. That as per this study report, there will be increment in the traffic load on the roads around the U/G metro station and this additional Project Development (PD) complex will generate insignificant traffic during peak hours and the project site may not cause any significant impact on road network or land use in immediate surrounding (within 1 Km radius) or over area wide road network (approx. 5 Km around project site) due to traffic dispersal on adjacent intersections. As per this report, during most intense peak hour, the generated traffic from the project site is only 301 PCU’s which is insignificant. The report also suggests some mitigation measures to counter existing traffic flow due to proposed Property Development above U/G metro station at BhikajiCama Place.

6. That DMRC had submitted a request to DDA for the change of land use for Property Development by DMRC on the U/G Bhikaji Cama Place station. This proposal for Project Development comprises office space, retails and restaurant. The project site is thus a commercial complex above U/G metro station. The total built up area involving Project Development on all floors (04 nos.), basement parking and the already existing built up are of U/G metro station is more than 20,000 sqm. and thus, requires environmental clearance. This proposed Project Development proposal is extension of already existing U/G metro station.

7. That in additional to extra traffic load on Ring Road and Africa Avenue road, there will definitely be an increment in air pollution, water pollution & sound pollution due to addition in the traffic volume, population density and waste water generation.

8. That adjacent to this project site, on the Northern side the low-density residential settlement for the Govt. Employees at ‘Netaji Nagar’ is being developed as high-density residential colony under GPRA scheme of Ministry of Urban Development, which will also add to the vehicular and human population in this area.

9. That as per the report received from DCF (South), Department of Forests & Wildlife, Govt. of NCT of Delhi in lieu of felling of 1290 trees which includes 178 nos. trees at the site of BhikajiCama Place metro station, planted 12900 trees as Compensatory Plantation at Tilpath Valley. As per the report 15,000 trees were planted during 2013-14 and 11,000 trees were planted during 2014-15 at Tilpath Valley including 12900 trees against Compensatory Plantation for this project. There were causalities in the plantation and by 2015 about 10,000 saplings were existing there. Subsequently, during July 2015 as per the directions of the Hon’ble Lt. Governor, Delhi, Tilpath Valley was handed over to DDA for development of Biodiversity Park by Prof. C. R. Babu, In-Charg