'Tendency Of Not Sharing Info Under RTI Act Has To Be Avoided': Delhi High Court While Issuing Notice On Plea Against Redevelopment Project

Akshita Saxena

14 Dec 2021 7:00 PM IST

Petitioner had complained that citizens' efforts to collect information under RTI Act, regarding the project and its impact on surrounding areas have been in vain.

The Delhi High Court today orally observed that the growing trend of not supplying information sought under the Right to Information Act must be avoided by the authorities concerned.A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh on being informed that the RTI applications filed by few citizens seeking information in relation to a Redevelopment Project being undertaken by...

The Delhi High Court today orally observed that the growing trend of not supplying information sought under the Right to Information Act must be avoided by the authorities concerned.

A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh on being informed that the RTI applications filed by few citizens seeking information in relation to a Redevelopment Project being undertaken by AIIMS through NBCC India Ltd. in South Delhi and its impact on the surrounding areas reaped no results, remarked,

"This tendency should be avoided, that you're not sharing the information. If it's under the Official Secrets Act or if it is exempted under Section 8 of the RTI Act, then it is alright. Otherwise you have to share…"

The development ensued in a writ petition filed by the Supreme Court Bar Cooperative House Building Society and other residential welfare associations.

They have challenged proposed redevelopment of an alleged residential colony of AIIMS at Ayur Vigyan Nagar in South Delhi. The land in question is stated to have been allotted to AIIMS by DDA in 1976.

It is stated that the large-scale redevelopment project ignores the adverse impact it will have on the environment as well as the surrounding infrastructure.

During the hearing, Advocate Aayush Agarwala appearing for the petitioners submitted that the superstructure, estimated to have over 3,000 dwelling units and an estimated population of about 20,000 people, is coming up without considering the traffic conditions, pollution levels, environmental impact, etc.

"The surrounding ecosystem is already full to capacity and not at all conducive to such massive redevelopment," he argued.

It was submitted that the water table which is already dwindling will be completely destructed with the incoming population. "Where will the water be sourced from?" Agarwala asked.

He further submitted that over 6,000 four wheelers are expected to be incoming with the impugned project. "This will in all likelihood aggravate traffic problem, parking issues," he said.

He also highlighted issues that may arise with respect to waste disposal management, power demand and supply, etc.

Hence, it is the petitioner's case that the redevelopment project violates the fundamental rights of the citizens guaranteed under Articles 14 and 21 of the Constitution of India.

Significantly, the plea also challenges the constitutional validity of Clause 7(III)(i)(d) of the EIA Notification dated 14 September 2006, insofar as it prevents concerned citizens and stakeholders from being consulted and heard before a project of such magnitude is undertaken.

Notices have been issued to Union of India through Ministry of Urban Development and Ministry of Environment & Forests, AIIMS, NBCC (India) Ltd, Delhi Government, South Delhi Municipal Corporation, Delhi Development Authority, Delhi Traffic Police, Delhi Jal Board, Delhi Pollution Control Committee and Central Pollution Control Board.

The matter is posted for hearing on March 21.

Case Title: Supreme Court Bar Cooperative House Building Society v. Union of India

'Tendency Of Not Sharing Info Under RTI Act Has To Be Avoided': Delhi High Court While Issuing Notice On Plea Against Redevelopment Project

Akshita Saxena

Petitioner had complained that citizens' efforts to collect information under RTI Act, regarding the project and its impact on surrounding areas have been in vain.

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