Supreme Court Seeks Union, Delhi Authorities' Response On PIL Seeking Urgent Implementation Of Land Pooling And Green Development Area Policies

The Supreme Court recently issued notice to the Union of India and Delhi authorities on a public interest litigation seeking implementation of Land Pooling and Green Development Area policy in the national capital.

A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, seeking a response from the Lieutenant Governor of Delhi, Delhi government, DDA and others.

Senior Advocate Abhinav Mukherji appeared for the petitioner and argued that if the subject policies are implemented, there will be proper plotted development, infrastructure, green areas and urbanization of villages. "Today, what is happening, because the government is sitting and not doing anything, we are having cases where people are making unauthorized colonies, builders are taking these lands at throwaway prices. We are agriculturists who cannot now cultivate these lands for obvious issues - groundwater issues, soil issues, etc. And we have been declared as urban area by DDA" he urged.

Briefly put, the PIL is filed by Delhi Dehat Vikas Manch in a bid to address the pressing urban and environmental challenges in the national capital. It seeks urgent and time-bound implementation of the Land Pooling Policy and Green Development Area (GDA) Policy, earlier LDRA, as outlined in the Master Plan 2021 and Draft Master Plan 2041.

The petition further calls for the establishment of an expert committee to oversee the implementation of these policies. The proposed committee is suggested to include representatives from all relevant stakeholders, including the petitioner-Society.

Background

As per the petitioner, the Land Pooling Policy, introduced in Chapter 19 of the Master Plan 2021, has faced delays and bureaucratic hurdles since its introduction for the first time in the year 2013. This policy is critical for converting rural land into urban spaces in a structured manner while ensuring the provision of adequate infrastructure.

It is stated that the GDA Policy aims to maintain ecological balance by safeguarding and developing green spaces, thereby addressing the environmental degradation and infrastructural vulnerabilities exposed during recent calamities like the unprecedented floods in July 2023 and July 2024. Despite the formalization of these policies, the lack of proper implementation has led to unauthorized colonies and unplanned urban sprawl, contributing to the worsening air quality and increased risk of flooding in Delhi.

The PIL cites various failures and delays by authorities in implementing these policies, resulting in ecological degradation and infrastructural deficiencies. Further, it alleges violation of Directive Principles of State Policy under Article 48A, which mandate the State to protect and improve the environment.

In addition, the petitioner connects the subject policies to India's commitment to the United Nations Sustainable Development Goals (SDGs), particularly Goal 11, which focuses on making cities safe, resilient, and sustainable;

Counsels for petitioner: Senior Advocate Abhinav Mukherji; Advocate-on-Record Ashwarya Sinha; Advocate Govind Rishi

Case Title: DELHI DEHAT VIKAS MANCH Versus UNION OF INDIA AND ORS., Diary No. 40060-2024