South Ext-II, Kidwai Nagar commercialisation will create urban slum, says Delhi High Court

Delhi High Court on Tuesday expressed apprehension that commercialisation and redevelopment project of South Extension-II and Kidwai Nagar would lead to creation of ‘urban slum’ which cannot be allowed to come up in the heart of the city.

‘I am of the prima facie view that it is an urban slum. As per the pictures on record and the brochures, this looks like an urban slum. Can’t allow an urban slum to come up in the heart of the city,’ a bench of Justice Manmohan observed and suggested that all concerned authorities should sit together and re-examine the project.

The court also raised the question whether the existing infrastructure of roads, water and electricity can bear the burden of the project and observed: ‘It is already crumbling’.

It asked the counsel for Delhi government to speak to the Lt Governor on whether he would be interested in overseeing the suggested exercise of re-examining the project. It was also of the view that no third party rights be created in the commercial space that would be built there.

The court, however, did not pass any order and adjourned the matter to July 3 when the LG’s decision would be available on whether he would be willing to conduct the meeting for re-examining the project. It also suggested that New Delhi Municipal Council (NDMC) be made a party in the case as it had sanctioned the project plans.

The court made the observations while a hearing a plea by senior advocate Aman Lekhi, who resides in the area, and advocate Manali Singhal who are seeking directions to the authorities to restore the residential nature of South Extension and adjoining areas.

Their petition has also sought a stay on commercialisation and redevelopment of South Extension-II and Kidwai Nagar here, saying ‘intelligent urbanisation’ has not been followed by the authorities while undertaking the work. 

During the proceedings, Lekhi contended that as per the affidavit submitted by Delhi Police, the agency will be unable to manage the increase in vehicular traffic as a result of the project.

He also alleged that Delhi Urban Art Commission (DUAC), which had rejected the conceptual designs of the project, later ‘diluted’ its objections and approved the project.

DUAC said the approval was granted after the project was forwarded by NDMC.

Lekhi contended that the project forwarded by NDMC included over one lakh square meters of commercial space, apart from the initially proposed residential area.

The court on 21 May had issued notice to the ministries of Urban Development and Environment and Forests, Delhi government, Delhi Development Authority, Delhi Metro Rail Corporation, Fire Department, Delhi Police, Traffic Police and others.

Seeking the authorities’ response, the court had said, ‘We have to see how you (authorities) have planned the development and projects in the area.’

The petition has raised the issues of increase in congestion and illegal parking, air and sound pollution, lack of accessibility in case of emergencies like fire, impact on the green belt, and others, saying these problems are caused due to ‘unplanned’ commercialisation of the area.