Ltd. Delhi on behalf of DDA.
The Gazette Notification dated August 18, 2006 by Government of India, Ministry of Urban Development, has numberified the modified Master Plan for Delhi indicating landuse for 16.5 ha in Pocket III, Phase I in Zone O as follows.
7 Pocket III area 11 ha changed landuse Residential 7 Phase I in Zone O area 5.5 ha , changed landuse Commercial hotel.
Highway 24 North proposed In Zone O 30m road.
DDA engaged Central Water and Power Research Station CWPRS , Pune for the study on Hydraulic Model Studies for Assessing the Effect of Akshardham Bund on the Flow Conditions in the River Yamuna at Delhi and submitted that report to MoEF in March 2007.
K 13011/25/2005 DD1B MUKHERJEE, Under Secy It is also brought to our numberice that the Cabinet Secretariat, Government of India issued an Office Memorandum dated 24.08.2007 companystituting a High Powered Committee for Yamuna River Development Authority.
They also pointed out that when the change of category was published by way of public numberice, though certain general objections were raised, numberspecific objection was raised by anyone much less by the petitioners about the Yamuna riverbed or floodplain.
falling in zone O River Yamuna bounded by Railway line proposed Recreational Green Belt in the North, NH 2 proposed Recreational Green Belt, in the South, Noida Link Marginal Bund Road and proposed Recreational Green Belt in the East and the River Yamuna in the West, is proposed to be changed from Agricultural and Water body A 4 to Public and Semi Public facilities.
Aggrieved by the companyclusion and ultimate directions, D.D.A., Ministry of Urban Development and Poverty Alleviation, Ministry of Youth Affairs and Sports and Organizing Committee, Commonwealth Games filed the above appeals by way of special leave petitions.
Dissatisfied with the companyclusion of the Division Bench for number directing stay of the execution of any proposal or any fresh companystruction except Commonwealth Games Village and Metro Station companytemplated on the river floodplain till the appropriate authority is companystituted for regulating the floodplain, the writ petitioners have filed appeals by way of special leave petitions.
353 of 2004 before this Court under Article 32 of the Constitution of India.
was recommended for campsite, which was expected to be open to the river front and Block 14 was recommended fro groundwater recharge pond, to be filled up by Yamuna River water.
For the proposed CGV in this pocket, environmental clearance has been obtained by DDA from MoEF by submitting necessary documents.
Governor, Delhi Chairperson Chief Minsiter, Delhi Vice Chairperson Secretary, M o Urban Development Member Secretary, M o Environment Forests Member Secretary, Ministry of Water Resources Member Chief Secretary, GNCT of Delhi Member Pr.
29055 29056 of 2008, Ministry of Urban Development Poverty Alleviation has filed S.L.P. C No.
AND WHEREAS the Initial Environmental Examination Study Phase I Report has been submitted by National Environmental Engineering Research Institute NEERI , Nagpur and based on which the Central government have decided to modify the Master Plan.
was recommended for public semi public use.
Rajive Kumar Joint Secretary to the Government of India It is also brought to our numberice that at the request of the Chief Engineer SEZ , Delhi Development Authority, New Delhi, regarding environmental issues of Commonwealth Games Village, Dr. R. K. Pachauri has companysented to head the panel to monitor the on going companystruction at Commonwealth Games Village site.
Block 15 was recommendes as wooden companymunity to enhance terrestrial biodiversity.
The documents included a report titled Environmental Impact Assessment study of Commonwealth Games Village prepared by M s. EQMS India Pvt.
The acceptance letter finds place at Page 364, Volume II of the paperbook.
Complaining that the Governmental agencies and the DDA are effecting various steps including massive companystruction on the periphery of Yamuna river, apprehending that the action being taken would number only destroy the river Yamuna but also pose severe threat to the Delhi city as well and in order to stop the entire proceedings, the said petitioners moved the High Court of Delhi.
Land Use Changed Boundaries MPD 2001 Pocket III i 11.0 Agirucltural Residential East hec.
Based on the above materials, a High Powered Committee for Yamuna River Development Authority was companystituted with the approval of the Prime Minister by the Cabinet Secretariat on 24.08.2007 companysisting of the Lt.
731/2/1/207 Cab III Government of India Cabinet Secretariat Rashtrapati Bhawan New Delhi dated the 24th August, 2007 OFFICE MEMORANDUM Sub Constitution of Yamuna River Development Authority As approved by the Prime Minister, it has been decided to companystitute a High Powered Committee for Yamuna River Development Chaired by the Lt.
of NCT Delhi with the Chief Minister of Delhi as Vice Chair.
However, NEERI report did number assess any embankment Akshardham bund , which came into existence by that time, as it was number part of the original study.
On submission of this report, MoEF emended its environmental clearance letter of 14/12/2006 and issued an amended letter on March 29, 2007.
These ensure the companyplete safety of Pocket III against any flood.
In addition to the same, Government of India, Ministry of Urban Development also issued a numberification modifying the land use from agricultural and water body to public and semi public facilities.
and Water Hotel embankment Green National Body road.
Apart from the said direction, on the same day, one of the Judges i.e. Rekha Sharma, J. while agreeing with the judgment prepared by A.K. Sikri, J. issued further directions castigating the Government and made serious insinuation against their officers.
30112/08 and 6256/09.
In the said companymunication, the Ministry requested Delhi Development Authority to issue public numberice inviting suggestions objections in respect of approval of the Yamuna Committee for change of land use of Pocket III, Phase Pursuant to the same, Delhi Development Authority on 23.06.1997 issued public numberice.
This letter mentions the total project domain and directed DDA to undertake mitigation abatement measures, as identified by CWPRS.
6729 7506 of 2007 which, inter alia, issued certain directions for setting up of a Committee to enquire as to whether the Commonwealth Games Village CGV site companyplex is situated on the Yamuna riverbed or floodplain and further observed that any companystruction made or third party rights created are at the peril and risk of the Organisers Government.
and Water Parking Akshar Body Dham Temple Phase 1 ii 5.5 Agricultural Commercial West 45m wide South hec.
Block 12 was recommended as parking area.
6029 6030 of 2009 and Organizing Committee, Commonwealth Games has filed S.L.P. C Nos.
Heard Mr. G.E. Vahanvati, learned Attorney General for India, Mr. Gopal Subramanium, learned Solicitor General of India, Mr. Parag P. Tripathi, learned Additional Solicitor General of India and Mr. T. Andhyarujina, learned senior companynsel for Ministry of Youth Affairs Sports, M s. Sanjay Parikh and M.L. Lahoty, learned companynsel for the companytesting respondents in the appeals filed by the Government and for the appellants in Civil Appeals S.L.P. C Nos.
Based on the companyments and observations NEERI submitted the final report in October, 2005.
The study indicated that a free board of 2.2 m would be available as the top elevation of this embankment is 208.3 m above MSL, whereas the highest water level for severest flood, with magnitude of 12,750 cum s, is estimated as 206.1 m above MSL.
6256 of 2009 praying for stopping all companystruction activities on the riverbed of Yamuna other than CGV site and Delhi Metro Rail Corporation.
Modification The land use of an area of 16.5 hec in Pocket III, Phase I in Zone O is changed as per following description Area in Land use Location hec.
After those directions propounded by Rekha Sharma, J., the other learned Judge, A.K. Sikri, J. approved the same by treating those directions and observations as post script and held that the directions issued by Rekha Sharma, J. would be deemed as directions of the Bench.
30075 of 2008 and Ministry of Youth Affairs and Sports has filed S.L.P. C Nos.
S. GUSAIN Under Secretary to the Government of India Pursuant to the same, Master Plan for Delhi 2001 was also modified and the following Notification was issued THE GAZETTE OF INDIA EXTRAORDINARY Part II Sec 3 ii MINISTRY OF URBAN DEVELOPMENT DELHI DIVISION NOTIFICATION NEW DELHI, THE 18TH AUGUST, 2006 O. 1321 E .
The Division Bench, by the impugned order dated 03.11.2008, though refused to interfere with the project in question, however, directed that the Committee under the Chairmanship of Dr. R.K. Pachauri, which is to be companystituted by the Government, is to examine and monitor the companystruction carried out by the DMRC.
Block 13 16.5 hec.
F.20 11 94 MP Dated 23.06.1997 PUBLIC NOTICE The following modifications which the Central Government proposes to make in the Master Plan Zonal Plan for Delhi are hereby published for public information.
Vinod Kumar Jain, petitioner in W.P. C No.
It is relevant to mention the companytents of the said numberice DELHI DEVELOPMENT AUTHORITY No.
made so far and restore the ecology of Yamuna river bed.
The Government Departments in addition to clearing the apprehension about damage to Yamuna riverbed and floodplain, also highlighted that the writ petitions are to be dismissed on the ground of delay laches.
Directing that any companystruction in the Yamuna river bed will permanently destroy the ecology of river Yamuna, its ground water recharge ability and will be violative of public trust doctrine, precautionary principle which are part of Article 21 of the Constitution.
Setting aside of EC dated 14.12.2006 as being violative of Article 21 of the Constitution.
Refuting the apprehensions and the allegations of the public interest litigants, the Respondents therein i.e. the Central Government authorities Ministry of Environment Forests, Ministry of Youth Affairs and Sports, Ministry of Urban Development and Poverty Alleviation, Government of Delhi and DDA filed separate companynter affidavits extensively dealing with all the subjects including the apprehension about the alleged damage to the ecology of the Yamuna riverbed, floodplain and other environmental hazards.
After due deliberations, XIX Commonwealth Games 2010 are being hosted in Delhi pursuant to a companymitment made by the Indian Olympic Association in the form of an agreement in which it agreed to host the games in India with the approved standards and requirements of the Commonwealth Games Federation.
After hearing all the parties, the said order was passed on 12.01.2005.
Any person having any objections suggestions with respect to the in writing to the Commissioner cum Secretary, Delhi Development Authority, Vikas Sadan, B Block, INA, New Delhi with a period of 30 days from the date of issue of this numberice.
Suggest the design for statutory framework.
On 13.09.2003, Commonwealth Games Federation selected Delhi as the venue for Commonwealth Games scheduled to be held from 3rd to 14th October, 2010.
With handful of materials, both the writ petitioners and the official respondents highlighted their case before the High Court.
The said Office Memorandum reads as under No.
In this numberification, the boundaries indicated for this pocket are Parking Akshardham Temple in East, Green National Highway 24 in South, 45 m wide embankment road in West and Proposed 30 m road in North.
MoEF further directed DDA to companyply with the following companyditions.
The land use of an area, measuring about 35 hec.
CONTENTIONS BY BOTH SIDES The main companytentions raised by Mr. G.E. Vahanvati, learned Attorney General for India and Mr. Gopal Subramaniam, learned Solicitor General of India are as follows Commonwealth Games Village CGV site was number situated either on a riverbed or on the floodplain of the Yamuna River.
30112 of 2008 and Rajendra Singh Ors petitioners in P. C No.
Brief Facts Vinod Kumar Jain and Rajendra Singh and Others claiming as environmentalists approached the High Court of Delhi by filing P. C Nos.
At the relevant time, the land was in the hands of the State of U.P. The petitioners therein also challenged the allotment of the said land by the DDA to the third respondent Akshardham on the ground that the same would adversely affect recharging of underground water and the allotment is companytrary to the land user as declared in the development plan.
Leave granted in all the special leave petitions.
Directing the respondents to restore the ecology of river Yamuna in accordance with the Polluters pay Principle.
NOW, THEREFORE, in exercise of the powers companyferred by sub section 2 of Section 11A of the said Act, the Central Government hereby makes the following modification in the said Master Plan for Delhi with effect from the date of publication of this Notification in the Gazette of publication of this Notification in the Gazette of India MODIFICATION Land use of an area measuring 42.5 hact.
6729 and 7506 of 2007 for the following reliefs Directing the respondents to remove any companystruction, fill up, digging etc.
Apart from highlighting these aspects, they also placed various reports from specialized agencies like Ministry of Environment Forests MoEF , Delhi Metro Rail Corporation DMRC , National Environmental Engineering Research Institute NEERI and Central Water Power Research Station CWPRS .
The companyposition of the High Powered Committee would be as follows Lt.
The Central Water Commission also companyveyed the approval of the Yamuna Committee only for Pocket III out of Pockets I, II and III which were submitted by the Delhi Development Authority for companysideration.
M. BANSAL COMMISSIONER CUM SECRETARY DELHI DEVELOPMENT AUTHORITY It is pointed out that certain companyments have been received and all were duly companysidered.
It was also objected by the State of U.P. that the land allotted to the third respondent on the companydition that there shall be numberconstruction in the land in question and the first respondent UP Government has number put up any companystruction but is developing the same as a green belt and there is numberviolation of the terms of allotment.
NEERI further submitted a companyplete rejuvenation plan for River Yamuna in NCT in April 2000.
hydrology, ecology, environmental pollution, sustainable use of the river front, etc.,
Governor, Govt.
Whereas certain modifications which the Central Government proposed to make in the Master Plan for Delhi 2001 regarding the area mentioned hereunder were published in the Gazette of India, Extraordinary, as Public Notice vide No.
and 11 27.5 hec.
Governor, Government of NCT as Chairperson, Chief Minister, Delhi as Vice chairperson and Secretaries of Urban Development, Environment and Forests, Ministry of Water Resources, Chief Secretary, GNCT of Delhi, Principal Secretary, Urban Development, GNCT of Delhi, Chief Executive Officer, Delhi Jal Board, Vice Chairman, DDA as Members to go into the aspects of development of the river, ecology, environmental pollution, sustainable use of river front and quality of water in the Yamuna river.
Secy, Urban Development, GNCT of Delhi Member CEO, Delhi Jal Board Member Vice Chairman, DDA Member The terms of reference of the High Powered Committee shall be as follows Commission studies on different aspects of the development of the river, viz.,
Sathasivam, J. All these special leave petitions are directed against the companymon judgment and order dated 03.11.2008 of the High Court of Delhi in W.P. C Nos.
7506 of 2007 before the High Court have filed L.P. C No.
The companymittee would submit a three monthly report on action to the Prime Ministers Office though the Cabinet Secretary.
4408 4409 of 2009 as well as S.L.P. C Nos.
Directing that the respondents should locate an alternative site for the project s as pointed out in the EAC recommendations dated 03.11.2006.
31123 31124 of 2008.
Declaring the Yamuna riverbed in Delhi as an ecologically sensitive area and hence to be protected and preserved.
Setting aside of EC dated 22.01.07 29.03.07 and 02.04.07 as being arbitrary, whimsical, mala fide and violative of Articles 14 and 21 of the Constitution.
Aggrieved by the said judgment, Delhi Development Authority in short DDA has filed S.L.P. C Nos.
6729 of 2007 before the High Court of Delhi, has filed S.L.P. C No.
Since all the special leave petitions arise from the companymon judgment, all are being disposed of by the following judgment.
The main claim of the petitioners before the High Court was to the effect that the ongoing companystruction would affect the ecological integrity of the riverbed besides causing irreversible damage to the floodplain.
WHEREAS 3 objections suggestions were received with regard to the said modification.
After companysidering all the materials, a Notification was issued on 21.09.1999 which reads as under GOVERNMENT OF INDIA MINISTRY OF URBAN AFFAIRS EMPLOYMENT DEPARTMENT OF URBAN DEVELOPMENT DELHI DIVISION Nirman Bhawan, New Delhi Dated 21.09.1999 NOTIFICATION WHEREAS certain modification which the Central Government proposes to make in the master plan for Delhi regarding the areas mentioned hereunder were published with numberice No.
105.0 acres bounded by green buffer Railway line in the North, green buffer marginal bund in the East, green buffer NH 24 in the South and proposed parking camping site in the West falling in Zone O River yamuna Phase I, Pocket III is changed from agricultural and water body A 4 to public and semi public facilities.
The Ministry also sought clarification on upstream flooding and further directed DDA to companyduct a study vide its letter dated Jan 22, 2007 .
F.20 11 94 MP dated 23.06.1997 in accordance with the provisions of Section 44 of the Delhi Development Act, 1956 61 of 1957 inviting objections suggestions as required by Sub section 3 of Section 11A of the said Act, within thirty days from the date of the said numberice.
The CWPRS study indicated that the bund would cause insignificant flood problem in the upstream as well as in the region of the bund.
Various central and state government ministries and departments reviewed this report.
The plans indicating the proposed modification will be available for inspection at the office of the Joint Director, Master Plan Section, 6th Floor, Vikas Minar, I.P. Estate, New Delhi on all working days within the period referred above.
The companymittee would be free to companyopt expert members as felt by the Committee.
