News update on Dr. Kaushal Kant Mishra vs Union Of India came up for hearing on 30 August in the Honorable High Court Of Delhi.
The Delhi High Court on Thursday ordered that no construction work shall be carried out in Nauroji Nagar project in the national capital where the Ministry of Urban Development and NBCC had planned to construct a World Trade Centre. A bench of Chief Justice Rajendra Menon and Justice V. Kameswar Rao rejected a plea of the Central government seeking permission to continue the construction work in the Nauroji Nagar project. The bench observed that the commercial center may lead to traffic chaos as the area is close to Kidwai Nagar and Sarojini Nagar. However, the court allowed the NBCC (India) Ltd, formerly National Buildings Construction Corporation Ltd, to carry out repairing work, if required, to avoid any untoward incident which could endanger human life.
The Judges took a stern view of NBCC and Ministry of Urban Development raising this matter afresh, given that it had been discussed and decided (though not issued as an order) at the previous hearing. A fresh date had been fixed only on their request based on their desire to suggest revised plans.
In the last hearing, Gautam Bhan, an urban planning expert and amicus curiae, told the bench that the environment report for the Nauroji Nagar project contained several portions that were copy-pasted from a report seeking clearance for a mine in Tamil Nadu as the names of the state’s lakes were mentioned in the Nauroji Nagar report. Bhan had also said the environment clearance was given separately for each colony although the entire redevelopment project involving seven colonies was integrated. On Thursday, the Hon’ble judges reiterated that a copy paste approach was not acceptable for such an important project. They also confirmed that a piecemeal approach would not pass muster.
Meanwhile, the Central government has informed the court that it is reconsidering the redevelopment of residential project in the remaining six south Delhi colonies — Sarojini Nagar, Netaji Nagar, Thyagaraja Nagar, Mohammadpur, Kasturba Nagar and Srinivaspuri. The court made it abundantly clear that the central government and NBCC could review the plans for six or all seven colonies but that a view will be taken on the same only after these were submitted in court. The court has asked the Central government to file an affidavit on with the revised plan within two weeks and listed the matter for further hearing on October 3rd.
Meanwhile, on the same case, the Delhi government appealed for the stay on tree felling across the city to be lifted; and SDMC pleaded for permission to fell 203 trees for the Waste to Energy initiative which had been mandated by the Supreme Court. Judges made it clear they will not contradict any orders of the Supreme Court. Meanwhile the stay on further tree permissions as well tree felling anywhere in the city continues until the next hearing. Vimlendu Jha, an environmentalist commented that the Delhi government had not responded to questions raised by the Hon’ble court, specifically how can a tree be equal to a sapling, and yet was keen to have the stay lifted. During the hearing Gopal, senior advocate who appeared for Dr Mishra quipped that the Delhi Preservation of Trees Authority had become more focussed on authorising tree felling rather than their preservation. The date for the next hearing on these matters was listed as 6th Sept.
The NBCC together with the Central Public Works Department is executing these projects.
