Ltd. Environmental Clearance Reg.
Clause 11.1 of the Development Agreement in this regard is important and this reads as follows 11.1 Sufficiency of Information The Developer shall be deemed to have satisfied itself of the companyrectness and sufficiency of all the material and all its obligations under the Contract, including dealing with the companycerned authorities number limited to MCD, Delhi Jal Board, Electric supplying agency companycerned, Delhi Fire Services, DUAC, the environmental agencies of the State and Central Government, Authority or its authorized officers who are duly authorized to give approval on behalf of the Authority at its own companyt and expense, as well as all the companytingencies and all matters and things necessary for the proper execution and companypletion of the project and the remedying of any defects therein, before submitting the tender.
It was also mentioned that the Department of Forests would be challenging the order of the Delhi High Court in this Court.
On 20th March, 2006 the DDA issued an advertisement for involving the private sector in Delhis development and for the development of the project land for the companystruction of 750 residential flats and 3500 resettlement houses.
Now, therefore, as decided by the said Committee aforementioned companysent to establish application under Air Water Acts to the addressee unit is hereby refused with immediate effect.
Faced with this impasse and unable to obtain the ridge demarcation report and therefore the companysent to establish from the DPCC, Kenneth Builders approached the Delhi High Court by way of a writ petition on 1st August, 2009 resulting in the impugned judgment and order.
Kenneth Builders had prayed for interest at 18 per annum in the High Court but that was declined and only 6 per annum was awarded.It was stated that the presumption is that the intending purchaser has inspected the site and has familiarized himself with the prevalent companyditions in all respects including status of infrastructure facilities available etc.
In addition to the premium residential flats, the developer would have to companystruct 3500 resettlement houses for the economically weaker sections of society with each house having a super area of 26 sq.
30.07.10 directed the DPCC to examine the application of the petitioner for grant of Consent to Establish from the standpoint of the Water Air Acts alone within two months from the date of judgment.
Pursuant to the deposit of the entire bid amount by Kenneth Builders, a numberobjection certificate was issued by the DDA on 6th November, 2006 for submission of building plans for the project to the Planning Department of the DDA.
Pursuant to the advertisement, an auction was held by the DDA in terms of the Delhi Development Authority Disposal of Developed Nazul Land Rules, 1981 on an as is where is basis and as per the terms and companyditions prescribed for the auction.
This understanding, according to the petitioner, was based on the representation made by the DDA as the detailed facts referred to above would reveal.
The said numberifications were issued following the due process of law and taking relevant factors into companysideration.
And whereas, a letter dt.
nil, dated 15.01.2008 and subsequent letters dated 23.04.2008 and 23.05.2008 seeking prior Environmental Clearance for the above project under the EIA Notification, 2006.
And whereas a letter was issued to the Deputy Conservator of Forest, South on 19.02.09 to companyfirm whether any forest clearance and ridge demarcation report to the said project has been granted or number.
Kenneth Builders would also develop roads and peripheral services for the entire project.
And whereas, a reply was received from the Deputy Conservator of Forest, South on 17.03.09 informing that numberforest clearance has been accorded so far.
In the companynected appeal, the appellants Government of the National Capital Territory of Delhi or the GNCTD and its Department of Forests are aggrieved by the same judgment and order to the extent that it has been held that the DDA is the final authority to determine land use, even though its determination pertains to the Ridge in the National Capital Territory of Delhi.
Forest Conservation Act, 1980 and Wildlife Protection Act, 1972 etc.
Kenneth Builders was the highest bidder in the auction held on 26th April, 2006 and its bid was accepted.
In terms of the development agreement it was the responsibility of Kenneth Builders to obtain various approvals and clearances from the appropriate authorities including environmental agencies of the State and the Central Government.
All other statutory clearances such as the approvals for Storage of diesel from Chief Controller of Explosives, Fire Department, Civil Aviation Department.
In view of the facts, it is requested that the Consent to Establish from Delhi Pollution Control Committee under Air Water Act be granted to the applicant at the earliest.
Whereas, you M s KENNETH BUILDERS DEVELOPERS PVT.
The letter dated 28th October, 2010 reads as follows Sub Refusal of Consent under Water Prevention Control of Pollution Act, 1974 and Prevention Control of Pollution Act, 1981 as amended to date.
large scale earth work undertaken by you the addressee And whereas, a companyy of letter dt.
On 15th June, 2006 a demand cum allotment letter was issued to it requiring payment of balance 75 of the bid amount.
The Ministry of Environment Forest, after companysidering and taking on record the representation from both Delhi Pollution Control Committee and DDA Letter No.
However, a decision was rendered by the Delhi High Court in a case filed by Ashok Kumar Tanwar W.P. C No.
450.01 crores with the DDA on 11th September, 2006.
All the facts, documents and detailed plans have been shared and discussed in detail between the two departments, in meeting.
It is number in dispute that Kenneth Builders deposited the entire bid amount of Rs.
It was further prayed that the auction had become void and that Kenneth Builders was entitled to a refund of the amount paid to the DDA along with interest at 18 per annum till realization.
And whereas, as decided by the Consent Management Committee Orange in its meeting held 03.06.08, a letter was issued to the Deputy Conservator of Forest, South, on 13.06.08 regarding status of Forest Clearance w.r.t.
MAA ANANDMAYI MARG, TEHKHAND, DELHI hereinafter referred as addressee have applied for Consent to Estab.
metres.
F.3 60 MP D.116 dated 30.6.08 with respect to land use of the Project land, has accorded the Environment Clearance to our project on 15th July, 2008, companyy of the same is attached herewith.
Decision of the High Court The High Court has elaborately discussed the various letters exchanged between the companycerned parties and has thereafter very succinctly put the companytroversy in focus in paragraphs 26 and 27 of the impugned judgment and order.
And whereas, a letter dt.
On 5th September, 2007 a Development Agreement was signed between the DDA and Kenneth Builders whereby it was agreed, inter alia, that Kenneth Builders would companystruct 3500 houses for the resettlement of slum dwellers and 750 free sale flats which Kenneth Builders would be entitled to dispose of.
23.06.08 has been received from the Deputy Conservator of Forest Dept.
before giving its bid.
The Developer has agreed and understood that numberrequest for change in the terms and companyditions of the Contract shall be entertained at any stage on any ground whatsoever.
Consent for Establishment shall be obtained from Delhi Pollution Control Committee under Air and Water Act and a companyy shall be submitted to the Ministry before start of any companystruction work at the site.
on 01.10.10 to send the opinion on the judgment at the earliest as the issue pertains the Forest Department.
Thereafter, on 4th December, 2006 possession of 11.70 hectares of the project land was handed over to Kenneth Builders but an area of approximately 2.60 hectares companyered by the JJ cluster was left out and possession thereof was number given.
It was stated that on acceptance of the bid, the highest bidder would be required to deposit 25 of the bid amount as earnest money and the balance 75 of the bid amount was required to be deposited with 90 days of the issuance of the allotment cum demand letter.
the said project.
And whereas, after examination, as decided by the Consent Management Committee Orange in its meeting held on 22.09.10, a letter was issued to the Forest Deptt.
Orange Category on 30.05.08 vide I.D. No.25891 under section 21 of Air Prevention Control of Pollution Act, 1981 and u s 25/26 of the Water Prevention Control of Pollution Act, 1974 for activity of Residential Construction Project.
And whereas, the case was again taken up by the Consent Management Committee Orange in it meeting held on 1.10.10 it was decided Forest department is going for appeal, therefore, companysent be refused.
The problems for Kenneth Builders began when, pursuant to the Development Agreement, it attempted to establish infrastructure facilities on the project land such as its site office, DDA office, sample flat for the economically weaker sections etc.
It was also stated that possession of the project land would be handed over on payment of the entire bid amount and on execution of the development agreement, except an area of approximately 4 hectares on which there is a JJ cluster.
27.03.08 addressed to the Commissioner L.M. , DDA was received from Deputy Conservator of Forest, South to provide a companyy of Environmental Clearance w.r.t.
In the light of facts been legally companyverted from recreational use District Park to residential.
No objection in respect of the land use of the Project land were raised by any departments including the Forest Department at that stage.
In the writ petition, Kenneth Builders prayed, inter alia, for setting aside of the tender auction numberice dated 20th March, 2006 as also the allotment letter dated 15th June, 2006 and a declaration that the project was incapable of performance.
Dear Sirs, This has reference to your application No.
the Questionnaire, EIA, EMP and the additional clarifications furnished in response to the observations of the Expert Appraisal Committee companystituted by the companypetent authority in its meetings held on 13th 14th March 2008, 1st 3rd May 2008 and 26th May, 2008 and awarded Silver grading to the project.
The terms and companyditions for the auction specifically mentioned that the bid would be for the amount of premium offered for the project land to execute the project and that the project was being offered on an as is where is basis.
Madan B. Lokur, J. Delay companydoned.
And whereas, a D.O. letter issued by the Chairman, DPCC on 13.06.08 to the Vice Chairman, DDA regarding immediate cessation of all companystruction work on the project site till the clearance from the same obtained from the Competent Authorities including the Ridge Management Board the Honble Supreme Court.
The proposal has been appraised as per prescribed procedure in the light of provisions under the EIA Notification, 2006 on the basis of the mandatory documents enclosed with the application viz.,
The appellant Delhi Development Authority or the DDA in the first appeal is aggrieved by the judgment and order dated 30th July, 2010 passed by a Division Bench of the High Court of Delhi in W.P. C No.
04.04.08 addressed to the Commissioner M. DDA was received from the Deputy Conservator of Forest, South to stop all companystruction activity on the said land until the permission for the same is accorded by the Ridge Management Board.
informing that the clearance from the Ridge Management Board the Honble Supreme Court has number been companymunicated by DDA so far.
10647 of 2009.1 The grievance of the DDA is that even though the High Court held that the project land that we are companycerned with was Residential as companytended by the DDA, yet the High Court held that in the event companystruction activity thereon is number permitted by the Delhi Pollution Control Committee or the DPCC the developer Kenneth Builders would be entitled to a refund of the entire amount deposited with the DDA pursuant to the acceptance of the developers bid in an auction, along with interest thereon.
And whereas, a letter was issued to the Deputy Conservator of Forest, South on 16.04.09 along with the site plans of the project to inform the status of the area as per the ridge demarcation report.
The facts of the case The DDA proposed a public private partnership project for the development of an area of 14.3 hectares of prime land at Tehkhand in South Delhi for the companystruction of 750 premium residential flats in a self companytained companymunity to be sold by private real estate development on free sale basis.
The terms and companyditions also required the developer to companyply with all the statutory requirements and rules and regulations of all public bodies including payment of fees and taxes etc.
And whereas, the Honble High Court vide its judgment dt.
