Delhi High Court Issues Notice To DDA On Plea Alleging Construction Of DLF Townships On Land Meant To Be 'Lung Spaces'

The Delhi High Court has issued notice to the Delhi Development Authority (DDA) on a plea filed by All India Bhrashtachar Morcha, against alleged construction of high rise township and flattened factories on a land in west Delhi which was taken over from various industries, purportedly to develop a green belt.

The said land was taken over pursuant to various orders passed by the Supreme Court in the case of MC Mehta v. Union of India, 1985.

A Division Bench of Chief Justice D.N. Patel and Justice Jyoti Singh has also issued notices to North Delhi Municipal Corporation (NDMC) and DLF Homes.

The plea challenges a 2015 memorandum signed between DDA and real estate major DLF, handing over the 129 acres land in question to the latter for erection of eco-friendly kiosks, planting nursery for the sale of plants & garden products, park furniture for branding and publicity purposes, installing Tube Well pipeline, etc. The entire land is said to have been exchanged for a "meager sum" of Rs. 18 lakh.

The company is also said to have been permitted to develop a township in the retained portion of the land for the construction of 23 High-rise Towers, 5 EWS, 2 Flatted Factories.

In this backdrop it is alleged that there is non-compliance of Supreme Court's orders in MC Mehta case where it was ordered that any change in use of such surrendered land held in Trust by DDA or any transfer by DDA shall be only after securing prior permission from the High Court of Delhi.

The Top Court had also in that case directed the closure of 168 hazardous, noxious, Heavy, and Large Industries in Delhi, and the land was to be developed as "lung space" for clean air and healthy environment for the community.

After closure of the said units, the Supreme Court had directed to handover 68%-57% of the land available, variable as per the size of the plot, to DDA for exclusive development of greenery/ lungs space for the need of the community in Delhi.

Filed through Advocate Rakesh Kumar, the plea alleges that DDA failed to meet its obligations.

Alleging that there are anomalies of quantum of land taken over and retained by DDA, the petition seeks a committee of officials from the Surveyor General of India and any other organization to determine the exact quantum of land taken over by DDA and retained by the closed industries.

It is further pointed out that DDA entered into a MoU with DLF Home Developers, handing them over 128.95 acres of land, which is illegal and impermissible, amounting to contempt of the order of the Supreme Court.

It is their case that on a close perusal of the MOU between DDA and DLF Homes, it is reflected that it is for the commercial exploitation of the said land, which is meant for the development of lung space and greenery for the use of the community at large.

"The transfer of the land is illegal and impermissible which amounts to contempt of the order of the Hon'ble Supreme Court of India dated 25.03.2010. The MOU itself reflects the commercial exploitation of the said land which is meant for the development of lung space and greenery by Resp. No.1/DDA for the use of the community at large," states the plea.

It adds that DLF has installed huge iron gates in different locations of 129 acres of land and is not allowing the general people to access the park/green land. 

During the hearing, Advocate Garima Prashad appearing for the Respondent claimed that the Supreme Court, in 2019, had confirmed the impugned MoU.

The matter is now listed on October 29, 2021

Case Title: All India Bhrashtachar Virodhi Morcha (Regd.) & Anr v. Delhi Development Authority & Ors.

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