NEW
DELHI: The Delhi high court on Thursday granted six months' time to the Delhi
government to amend the Delhi Master Plan, 2021, to convert the temporary bus
depot at Yamuna Bank opposite the Millennium Park into a permanent one.
While disposing of petitions that claimed that constructing a permanent bus depot on the river bank is in violation of the Master Plan and DDA's zonal plan, and raises environmental concerns, a bench of acting chief Justice A K Sikri and Justice Rajiv Sahai Endlaw, said if the government fails to amend the Plan in the given time, the bus depot will have to be relocated.
The court also asked the petitioners to present ecological objections when the government begins the amendment process. "There is a specific procedure for effecting the change in the Master Plan which includes issuing a notice to the public and inviting objections. Once the procedure is complete, it is up to the petitioners to file their objections and raise environmental issues which will have to be considered," the court said.
The court order said, "Six months have been granted to the (Delhi government) to make changes in the Master Plan; to change the land use if possible, and bring it in conformity with the present use. In case the Master Plan is amended in this manner, the bus depot would continue to operate from the given site."
If the amendment fails then DTC will have to ask DDA "to allot an alternative site. Feasibility of the site at Mayur Vihar can also be considered at that stage".
The court accepted Delhi government's standing counsel Najmi Waziri's submission that the government was planning to modify the Master Plan. "As per MPD 2021, the land use of the site is river/ water body. Admittedly, any construction has to be in conformity with the Master Plan. May be for this reason, when the land was allotted to DTC before the Commonwealth Games, it was for the purpose of 'temporary' parking, that too, in view of the security threat perceptions prevailing in the region," the court said.
The court order came on two two petitions that alleged that building such a depot near the Nizamuddin Bridge would also pose an environmental threat as it is located on an active flood plain and water recharging area. One of the petitioners, Anand Arya, claimed he had obtained the information through an RTI application and alleged that the depot was constructed in contradiction with the opinion of Delhi Urban Arts Commission (DUAC). He said the Commission had suggested that a permanent structure cannot be constructed on the river bank. DTC, however, has built Asia's largest bus terminal on the 60 acres of land.
In the second PIL, environmentalist Vinod Jain contended that the depot was constructed temporarily for the Commonwealth Games after which it should have been dismantled.
While disposing of petitions that claimed that constructing a permanent bus depot on the river bank is in violation of the Master Plan and DDA's zonal plan, and raises environmental concerns, a bench of acting chief Justice A K Sikri and Justice Rajiv Sahai Endlaw, said if the government fails to amend the Plan in the given time, the bus depot will have to be relocated.
The court also asked the petitioners to present ecological objections when the government begins the amendment process. "There is a specific procedure for effecting the change in the Master Plan which includes issuing a notice to the public and inviting objections. Once the procedure is complete, it is up to the petitioners to file their objections and raise environmental issues which will have to be considered," the court said.
The court order said, "Six months have been granted to the (Delhi government) to make changes in the Master Plan; to change the land use if possible, and bring it in conformity with the present use. In case the Master Plan is amended in this manner, the bus depot would continue to operate from the given site."
If the amendment fails then DTC will have to ask DDA "to allot an alternative site. Feasibility of the site at Mayur Vihar can also be considered at that stage".
The court accepted Delhi government's standing counsel Najmi Waziri's submission that the government was planning to modify the Master Plan. "As per MPD 2021, the land use of the site is river/ water body. Admittedly, any construction has to be in conformity with the Master Plan. May be for this reason, when the land was allotted to DTC before the Commonwealth Games, it was for the purpose of 'temporary' parking, that too, in view of the security threat perceptions prevailing in the region," the court said.
The court order came on two two petitions that alleged that building such a depot near the Nizamuddin Bridge would also pose an environmental threat as it is located on an active flood plain and water recharging area. One of the petitioners, Anand Arya, claimed he had obtained the information through an RTI application and alleged that the depot was constructed in contradiction with the opinion of Delhi Urban Arts Commission (DUAC). He said the Commission had suggested that a permanent structure cannot be constructed on the river bank. DTC, however, has built Asia's largest bus terminal on the 60 acres of land.
In the second PIL, environmentalist Vinod Jain contended that the depot was constructed temporarily for the Commonwealth Games after which it should have been dismantled.
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