RAJEEV SURI versus DELHI DEVELOPMENT AUTHORITY & ORS

RAJEEV SURI versus DELHI DEVELOPMENT AUTHORITY & ORS

Majority: The Central Government validly exercised its power under Section 11A(2) to notify modifications to the Master Plan/Zonal Plans for the stated plots; there was no infirmity in the CVC 'No Objection', DUAC approval and the Expert Appraisal Committee/Ministry of Environment granting environmental clearance (EAC/MoEF) for the Parliament project in accordance with law (including the 2006 EIA Notification), subject to compliance with imposed mitigation measures; however, prior permission of the Heritage Conservation Committee under the Building Bye‑laws (clause 1.3) is required at the stage when actual development/redevelopment work commences and must be obtained before works start on...

Parties
Petitioner: Rajeev Suri; Respondent: Delhi Development Authority & Ors.
Jurisdiction
India
Judgment Date
05 January 2021
Procedural Posture
Transferred Case (civil) / Final Judgment/disposed
Outcome
Majority judgment: Upheld Central Government notification under Section 11A(2), upheld DUAC approval, CVC 'No Objection' and EAC/MoEF environmental clearance; directed procedural remedies including additional public disclosure and HCC involvement before commencement of works; partly dissenting opinion on aspects of...
Legal Topics
Judicial Review, Rule of Law, Participatory Democracy, Public Trust Doctrine, Environmental Clearance, Change of Land Use, Heritage Conservation, Procedural Fairness
Administrative Law Constitutional Law Environmental Law Heritage Law Urban Planning Law Judicial Review Rule of Law Participatory Democracy +5 more

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Parties

Rajeev Suri

Petitioner

Delhi Development Authority & Ors.

Respondent

Procedural Posture

Transferred Case (civil) / Final Judgment/disposed

Legal Issues

  1. 1 Whether the change in land use of specified plots in Central Vista under Section 11A of the Delhi Development Act, 1957 was validly effected
  2. 2 Whether approvals/permissions/no-objection granted by Central Vista Committee (CVC), Delhi Urban Arts Commission (DUAC) and Expert Appraisal Committee (EAC)/Ministry of Environment, Forest and Climate Change (MoEFCC) were lawful
  3. 3 Whether prior approval/permission of the Heritage Conservation Committee (HCC) and compliance with Unified Building Bye-Laws for Delhi, 2016 were required and obtained

Ratio Decidendi

Majority: The Central Government validly exercised its power under Section 11A(2) to notify modifications to the Master Plan/Zonal Plans for the stated plots; there was no infirmity in the CVC 'No Objection', DUAC approval and the Expert Appraisal Committee/Ministry of Environment granting environmental clearance (EAC/MoEF) for the Parliament project in accordance with law (including the 2006 EIA Notification), subject to compliance with imposed mitigation measures; however, prior permission of the Heritage Conservation Committee under the Building Bye‑laws (clause 1.3) is required at the stage when actual development/redevelopment work commences and must be obtained before works start on...

Court Disposition

Majority judgment: Upheld Central Government notification under Section 11A(2), upheld DUAC approval, CVC 'No Objection' and EAC/MoEF environmental clearance; directed procedural remedies including additional public disclosure and HCC involvement before commencement of works; partly dissenting opinion on aspects of...

Orders

  • There is no infirmity in the grant of: (a) 'No Objection' by the Central Vista Committee; (b) 'Approval' by the Delhi Urban Arts Commission as per the DUAC Act, 1973; and (c) 'Prior approval' by the Heritage Conservation Committee under clause 1.12 of the Building Bye‑laws for Delhi, 2016.
  • Exercise of power by the Central Government under Section 11A(2) of the DDA Act, 1957 to modify land use of plot Nos.2 to 8 in Master Plan of Delhi, 2021/Zonal Development Plans for Zone‑D and Zone‑C (notification dated 20.3.2020) is just and proper and is confirmed (subject to directions).