DELHI UNIVERSITY: SC ORDERS TO TEST THE VIABILITY OF CONSTRUCTING HOUSING COMPLEX NEAR IT
The Delhi University told the permission given to the real estate company for a residential building in the proximity of Delhi University, was infringing the norms of ‘Master Plan of Delhi 2020’ which was against the larger public interest.
The Supreme Court has formulated a committee to assess various facets including the viability of building a high-rise housing complex by a non- governmental real estate firm adjacent to the Delhi University campus.
A series of judges consisting of Justices R Banumathi, Indu Malhotra, and Aniruddha Bose rejected to deter with the order of NGT regulating the real estate developer from any action.
Putting the ‘Precautionary Principle’ of environmental code, the NGT on January 8 had authorized Young Builders (P) Ltd in north Delhi that no construction movement should be done.
It had also shaped a joint committee including envoys of the Central Pollution Control Board, Ministry of Environment and Forests, and IIT Delhi to examine the undertaking.
The company then took the order in the central court, which set aside the order. Afterward, the green council once again regulated the real estate creator from any activity. The Supreme court has now instructed the committee to assess various factors including the viability of the project without being affected by any of the beliefs conveyed by the NGT.
The apex court granted freedom to the University of Delhi and Delhi Metro Rail Corporation to file their respective representation along with necessary documents before the commission within two weeks. The committee, before it begins its first consideration, shall afford a chance of initial hearing to the appellant, University of Delhi, and Delhi Metro Rail Corporation, it notified.
The council shall finalize the deliberation and submit its ultimate report within two months from the date of the articulation being filed by the appellant and University of Delhi and Delhi Metro Rail Corporation. The Member Secretary, Central Pollution Control Board, shall arrange and take necessary steps for assembling the meeting of the Committee. The meeting of the council shall be performed by virtual hearing, or video conferencing, and provide an opportunity of hearing to the advocates of both the parties, the bench addressed.
The pinnacle court further notified that after the proposition of the final report by the council, the varsity and Delhi Metro Rail Corporation are at independence to put forward all the arguments before the National Green Tribunal.
Senior advocate Shyam Diwan, arising for the petitioner Young Builders, contended that National Green Tribunal was not justified in including a committee.
The judiciary had enacted the order on a petition by Delhi University questioning the environmental clearance granted to a housing project by Young Builders (P) Ltd in North Delhi.
The plea disputed the order of the State Environment Impact Assessment Authority consenting Environmental Clearance (EC) for the housing complex located at 1 and 3, Cavalry Lane, and 4, Chhatra Marg at Civil Lines here.
It said EC could be awarded by the Ministry of Environment and Forests and not by SEIAA as the project is inside 10 km from Highly Polluted Area, informed by CPCB.
DU said the authorization sought by Young Builders Private Limited for the structuring of a group housing society in the University enclave was against the Master Plan of Delhi-2021. Seeking the fact that the project location in question and its territory are within the North Campus of the University and that it includes several historical and archaeological constructions.