Delhi HC nod to construction at Nauroji Nagar redevelopment project

(Eds: Adding details from judgement) New Delhi, Feb 25 (PTI The Delhi High Court Tuesday gave the go-ahead to the Nauroji Nagar redevelopment project where a commercial hub, including a World Trade Centre, has been planned.

A bench of justices G S Sistani and Jyoti Singh vacated the August 30, 2018 order by which National Buildings Construction Corporation (NBCC) was restrained from any further construction at the project. The court said that once the issues of water and traffic congestion have been taken care of and there are no objection certificates (NOCs) from the respective departments, it was satisfied that there was no impediment in completion of redevelopment projects at Nauroji Nagar in South Delhi.

"There is no violation of Delhi Preservation of Trees Act and there is adequate compensatory plantation in lieu of felling of trees at Nauroji Nagar," the bench said. The court passed the order on a petition by orthopedic surgeon Kaushal Kant Mishra challenging the environment clearance granted to Nauroji Nagar project claiming a large number of trees had to be cut.

The bench said, "We have no hesitation in saying that the NOCs have been issued by the respective departments and they would have been issued only after a careful analysis of ground realities and provisions of law". The court said it was clear from the affidavit of New Delhi Municipal Council (NDMC) that the final sanction is still awaited from the authorities.

"While we see no violation of the Master Plan Delhi (MPD)-2021 and are also of the view that the environmental clearances (EC) have been correctly given for the Nauroji Nagar project, however, since the NDMC is still seized of the matter, we may only observe that while granting the final sanction, the concerns of the petitioner may be taken into account," the bench said. It said if the NDMC is of the opinion that it needs to revisit any of the issues flagged by the petitioner here, especially relating to the ECs, which is a matter of concern, the civic body is free to seek clarifications or reports from the authorities.

Initially in 2018, the clearances granted for redevelopment work in seven colonies of Sarojini Nagar, Netaji Nagar, Thyagaraja Nagar, Kasturba Nagar, Mohammadpur, Nauroji Nagar and Srinivaspuri were challenged. Later, in August 2018, the Centre informed the court that it was re-considering various aspects pertaining to six out of the seven projects, except Nauroji Nagar.

Thereafter, the court confined the proceedings to the work at Nauroji Nagar project. The petition had challenged the terms of reference (ToR) and the ECs granted to the project claiming that it would result in the felling of large number of trees.

The NBCC is executing the project along with the Central Public Works Department (CPWD).