W.P.(C)/7106/2013 of CITIZENS ALLIANCE Vs UNION OF INDIA & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(C) 7106/2013 & CM APPL.15332-15333/2013, 5476/2015CITIZENS ALLIANCE..... PetitionerThrough:Mr J.P. Sengh, Senior Advocate with Mr VivekSharma & Ms. Sonia Malik, Advs.CITIZENS ALLIANCE..... PetitionerThrough:Mr J.P. Sengh, Senior Advocate with Mr VivekSharma & Ms. Sonia Malik, Advs.

versus

UNION OF INDIA & ORS...... RespondentsThrough:Mr Rajiv Bansal, Senior Standing Counsel withMs Rukhmini Bobde, Adv. for DDAMr Febin M Vaghese, Adv. for R-3Mr D. Rajeshwar Rao & Mr Charanjeet Singh,Advs. for R-4, R-8 & R-10Through:Mr Rajiv Bansal, Senior Standing Counsel withMs Rukhmini Bobde, Adv. for DDAMr Febin M Vaghese, Adv. for R-3Mr D. Rajeshwar Rao & Mr Charanjeet Singh,Advs. for R-4, R-8 & R-10

Mr Sumeet Pushkarna, Standing Counsel withMr Siddhartha Nagpal, Adv. & Mr Rizvi (Z.E.)for R-9/DJBMr Siddhartha Nagpal, Adv. & Mr Rizvi (Z.E.)for R-9/DJB

ASI Mangal Ram, ZO Sangam ViharASI Virender Singh, Traffic PoliceASI Virender Singh, Traffic Police

CORAM:HON'BLE MR. JUSTICE BADAR DURREZ AHMEDHON'BLE MR. JUSTICE ASHUTOSH KUMARO R RHON'BLE MR. JUSTICE BADAR DURREZ AHMEDHON'BLE MR. JUSTICE ASHUTOSH KUMARO R R%13.07.2016

This Public Interest Litigation pertains to the proposed shopping mall which is tobe set up at the Alaknanda Community Centre, New Delhi.

It is the case of the respondent No.11, who proposes to construct the mall, that allthe requisite permissions are in place and the proposed mall is compliant with the MasterPlan Delhi-2021.

Mr Bansal also appearing on behalf of the DDA submits that the construction of ashopping mall at community centre, such as Alaknanda Community Centre, is withinthe parameters of MPD-2021 and, in particular, Chapter V thereof.

Mr Sengh, the learned senior counsel appearing on behalf of the petitioner,however, submitted that serious traffic congestion issues would arise if the mall ispermitted to be set up at the community centre.He submits that report has been

submitted by Engineering and Planning Consultants as part of the traffic plan prior to thesanctioning of the layout plan. He further submits that the very same consultant has saidthat in the report it was only considered to be local shopping area with commercialoffices and the construction of mega mall was not in contemplation.He furthersubmitted that if the mall is constructed, the entire parameters would change.

In order to obviate any further difficulty in this matter, we feel that it would beappropriate that committee of the Commissioner (Planning) and the Commissioner(Land Disposal) of the DDA should examine this matter particularly taking into accountthe allegations of the petitioner as raised in the present petition.The said committeewould take final and definitive decision within eight weeks from today.The saidcommittee may take the opinion of the traffic experts, including the officials of the DelhiTraffic Police and/or any other experts, if necessary.

The writ petition stands disposed of.

BADAR DURREZ AHMED, J

JULY 13, 2016ns

ASHUTOSH KUMAR, J