The Delhi High Court on Tuesday stayed construction on a plot slated to have a 36-storey residential complex near the Vishwavidyalaya Metro station after admitting a petition by the Delhi University, which claimed that the high-rise structure will severely affect control norms and the aesthetics of the North Campus.
“The parties shall maintain the status quo with respect to the said plot,” ordered Justice Hima Kohli after placing on record the objections raised by the university on the manner in which the Delhi Development Authority (DDA) allowed Delhi Metro’s request to change the land use of the plot from “public and semi-public facilities” to “residential”. The Metro had subsequently auctioned the two hectare-plot and leased it to a private builder for 90 years for developing it into housing society.
Issuing notices to the DDA, DMRC and other parties in the case, the judge fixed the date for completing the pleadings before the registrar in July and put it for further hearing in September.
Appearing for the university, senior advocate Parag G Tripathi and Tarun Khurana, contended that the three hectare-plot in question was acquired for Mass Rapid Transit System in 2001-02. The land use was also accordingly converted from “residential” to “public and semi-public facilities”. They argued that the DDA could not have so converted the land use back to “residential” in 2005, since it defeated the entire purpose of acquisition.
The lawyers also questioned the DDA’s decisions to “overreach” provisions of the Delhi Master Plan 2021 and hand out “exceptional” treatment to the DMRC in sanctioning their developmental plan, allowing it to go beyond the permissible limits of floor area ratio as well as height restrictions.
The petition said since the Urban Development ministry had allowed the DMRC to generate resources through property development for six to 20 years, it cannot lease out the plot to Young Builders for 90 years.
While giving its go ahead, the DDA also failed to note that the Delhi Urban Arts Commission had not given its clearance to the proposed project.
“If this proposed project is allowed to be constructed, it will lead to congestion in the controlled area of the Delhi University as the access road from the main Ring Road to the university i.e. Chattra Marg won’t be able to cater to the rush of the students and the burden of a multi-storied residential complex,” said the plea. Source>>>