Order of the National Green Tribunal regarding construction of a commercial complex by DMRC, 17/03/2021

  • 17/03/2021

Order of the National Green Tribunal in the matter of Residents of Delhi Through Shobha Agarwal Vs Delhi Metro Rail Corporation & Others dated 17/03/2021.

A factual and action taken report was sought from the Delhi Metro Rail Corporation (DMRC) with reference to the allegation that a commercial complex was proposed to be constructed by DMRC in a park. The applicant stated that in the year 2012, some open land was transferred to the DMRC which was to be redeveloped after completion of the construction work. Construction work has been completed but instead of redeveloping the park, the DMRC was proposing to develop it as commercial complex against the environment norms and public trust doctrine requiring the park to be maintained as such.

The Committee constituted to look into the matter has found that approval from the DDA for land use has yet to be received. Clearances from other agencies have also not been received. Such approvals must be obtained before proceeding further. The Committee has recommended that no groundwater be extracted during construction phase and before dewatering NOC be obtained and inlet digital flow meters be installed. During construction and occupancy phase all environmental norms and mitigation measures must be strictly adhered to.

The court directed a joint Committee of CPCB, DDA and PCCF, Delhi to monitor the adverse impact of the project and steps to mitigate it. The survival of transplanted trees should be monitored by the said Committee. The Committee would also evolve a plan for mitigation measures against the air pollution on account of traffic and traffic congestion based on authentic and realistic data and not merely data of lockdown period. The project proponent would be bound to follow the directions issued in this regard, the order of March 17, 2021 said.