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Judgment
Issue raised in this group of matters relates to validity of redevelopment of seven General Pool Residential Accommodation (GPRA) colonies in Sarojini Nagar, Netaji Nagar, Nauroji Nagar and in Kasturba Nagar, Thyagraj Nagar, Srinivaspuri and Mohammadpur in violation of environmental norms. It is stated that large number of trees are being cut illegally in the process. Clearance has been granted by Delhi Pollution Control Committee (DPCC) mechanically without having regard to air quality in the area. Huge fresh water will be extracted, adversely affecting availability of water in Delhi.
The matter came up for hearing earlier on 2.7.2018 and notice was issued to the respondents, including Ministry of Housing and Urban Affairs, Central Public Works Department (CPWD), National Buildings Construction Corporation (NBCC). Some of the parties have filed their respective replies.
According to NBCC, the project is to address the acute shortage of office space for government offices and residential quarters for government servants. All requisite clearances have been obtained and environmental impact assessed. Permission has been taken for cutting of trees which was necessary for the project in question.
When the matter came up for hearing on 8.8.2018, proceedings were deferred in view of pendency of matter in Delhi High Court in WP (C) No. 6680/2018 and CM Nos. 29413-25414, 29017, 29703, 29680/2018 titled Dr. Kaushal Kant Mishra vs. Union of India & Ors., with the observations that simultaneous consideration of same issue at different fora may not be appropriate.
The matter has been taken up in view of judgment of Delhi High Court dated 25.02.2020 in Dr. Kaushal Kant Mishra (supra). It has been held that there was no violation of Master Plan Delhi-2021 (MPD-2021) and no infirmity in the Environmental Clearance (EC) for Nauroji Nagar Project. Vide order dated 7.7.2020 in IA No. 166/2020 in Appeal No. 131/2018, Rajeev Suri vs. Union of India & Ors., considering the said order of Delhi High Court, the Tribunal disposed of the matter against EC dated 12.06.2018 granted by the Ministry of Environment, Forest and Climate Change (MoEF&CC) to M/s NBCC India Limited for the purpose of redevelopment of GPRA at Sarojini Nagar over a total land area measuring 9,96,193.45 square meters in Chanakya Puri, New Delhi.
In view of judgment of Delhi High Court, no further order appears to be necessary. However, learned Counsel for the applicant has drawn our attention to recent judgment of the Hon’ble Supreme Court dated 10.01.2023 Residents Welfare Association and Anr. vs. The Union of India & Ors. 2023 SCC Online SC 21 dealing with issue of permissibility of converting single dwelling unit into three apartments thereby affecting availability of common spaces
which will not be conducive to environment. It is submitted that in view of judgment of Hon’ble Supreme Court, the view of Delhi High Court is not correct law.
We are unable to go into the question as this Tribunal is not a forum to consider validity of judgment of Delhi High Court.
The applications are disposed of.
All pending MAs will also stand disposed of.