SC Reprimands DDA For Not Filing Affidavit, Stays Process To Amend Master Plan 2021 [Read Order]
“You are taking the supreme court of this country for a ride..the attitude is like we will do whatever we want you may say anything.this is nothing short of contempt ,this dadagiri has to stop”, Justice Madan B Lokur to DDA.
The Supreme Court today put on hold any further move by Delhi Development Authority to amend Delhi Master Plan 2021 aimed to give relief to commercial establishments from sealing.
The process was stayed as the bench headed by justice Madan B Lokur which was hearing M C Mehta Vs Union of India case pertaining to sealing was angry with the DDA as it had not filed an affidavit as per the court’s order on February 9 explaining if various assessments like environment impact, traffic, congestion and other safety aspects were made before going ahead with the amendment.
The non-filing of the affidavit was brought to the court’s attention by senior advocate Ranjit Kumar who is an amicus in the matter.
An angry justice Lokur remarked: “why will they file?They want people to die..see you are taking the supreme court of this country for a ride..the attitude is like we will do whatever we want you may say anything.this is nothing short of contempt, this dadagiri has to stop”
The order said: “Inspite of our order dated February 9 DDA, MCD and Delhi government have not filed an affidavit answering the nine questions raised by this court including environment impact assessment. This being the position further implementation of the amendment to the master plan is stayed”
The DDA has recently proposed bringing uniform floor area ratio (FAR) for shop-cum-residence plots and complexes at par with residential plots, a move that would give respite to traders facing the threat of sealing.
As per the February 9 order, Delhi Development Authority, the Municipal Corporations in Delhi and the Delhi Government were to file an affidavit informing whether they have conducted any :
- Environment Impact Assessment before making any modification as proposed
- Whether any study has been conducted and whether any facts and figures are available with regard to congestion in the city of Delhi
- Whether any steps have been taken to effectively manage traffic in consultation with the Delhi Police in view of the proposed changes
- Whether fire safety measures have been considered and access 3 to fire engines etc.;
- Whether steps for providing parking facilities have been provided for and taken into consideration
- Whether civic amenities are available and have been provided particularly availability of water not only for drinking water but for other purposes as well (such as dousing fire), management of sewage disposal, Solid Waste Management and supply of electricity etc.
- Whether the safety of buildings which have been and which are sought to be constructed upon has been taken into consideration and whether any assessment has been made of all these buildings so that the life of the people in the buildings are safe and secure;
- Whether the issue of population density in Delhi said to be in the region of 1.67 crores – 2 crores has been taken into consideration
- Whether any information/statistics is available with the Delhi Pollution Control Board or Centre Pollution Control Board with regard to the pollution in Delhi from 2006 onwards till date particularly when there was liberalization in the roads notified for mixed use or a commercial use. If so, steps taken to reduce the pollution.
Read the Order Here