[Kidwai Nagar Redevelopment] Development should add to quality of life not destroy it: Delhi High Court directs compensatory tree plantation

While refusing to interfere in the ongoing Kidwai Nagar (East) redevelopment project in the national capital, the Delhi High Court has directed the National Buildings Construction Corporation (NBCC) to ensure that "compensatory tree plantation" is completely carried out before possession of the commercial/office block is handed over to the allottees (Aman Lekhi & ors vs Union of India). .A single-judge Bench of Justice Navin Chawla opined that development and redevelopment projects must be planned in a manner that minimizes further stress on the infrastructure. ."In fact, they should add to quality of life rather than destroying it," he remarked. .A balance has to be struck between urban development and ecology, the judge added..The Court was dealing with a challenge to the Kidwai Nagar (East) redevelopment project by four residents of South Extension-II, New Delhi..The petitioners inter alia contended that the project would have a devastating impact on the lives of the residents of the colony by creating an unplanned load on neighboring facilities..While the Court acknowledged the petitioners' concerns with respect to the increase in traffic in the adjoining areas and roads due to the redevelopment, it stated that the answer lied in finding a proactive, long-term solution and not "laying to waste" a project which is nearing its end. ."The exponential increase in the traffic within the city being almost at an alarming rate, is a matter of general knowledge. The concerned Authorities have to be proactive in answering the same There cannot be a one time measure that can answer this ever growing problem; there cannot also be only one solution to the same; it would require a consolidated integrated solution in form of increase and betterment of public transport facilities and disincentivizing of private mode of transportation. The success of Metro in this is again for all to see. More of such projects are required," the Court stated. .Since the petitioners did not mount any specific challenge to any of the permissions/sanctions granted to the project, the Court opined that "vague pleas of violation" of any infrastructural conditions imposed by authorities could not hold any water.."In the present case, the Project is in tune with Clause 3.3 of the MPD (Master Plan for Delhi, 2021). It is aimed at redeveloping the already developed area used for accommodating government employees. The Project has been considered by various Authorities like the State Level Environment Impact Assessment Authority, National Monuments Authority, Delhi Pollution Control Committee, Unified Traffic & Transportation Infrastructure (Planning and Engineering) Centre, New Delhi Municipal Council, Delhi Urban Arts Commission, etc. In absence of any specific challenge to any of such permissions, this Court cannot sit as an appellate body over such Authorities to reassess the permissions so granted," it observed. .However, the Court found that out of the total land of approximately 86 acres, 14 acres of land belonging to Darya Khan Tomb was classified as "Protected Monument" and therefore, no construction/development was permissible in such area..Since the overall construction of the project fell within the permissible limit for commercial use, the Court said that it was a case of misuse rather than unauthorized construction.."If the same cannot be compounded, the respondent no. 1 and 19 must bring such construction in conformity with the usage requirement; the mode and manner of which is again left to the relevant Authorities to consider.. till such consideration and terms thereof are complied with, the respondent no. 19 (NBCC) shall stand restrained from handing over of the possession of such construction," the Court ordered. .The Court also held that there is no total prohibition on relocation of Central PSU offices within Delhi, making the present project not illegal..Disposing of the challenge, the Court inter alia directed the authorities to ensure a time-bound and expeditious completion of the projects while strictly implementing the the measures suggested by Unified Traffic and Transportation Infrastructure (Planning and Engineering) Centre. ."Strict policing and zero tolerance to violation should therefore, be a norm to be followed in the vicinity of this Project," it said. .[Read Judgement]