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The Supreme Court today issued notice in a plea seeking directions to restrain construction by the Delhi Development Authority (DDA) at a road in Dwarka, New Delhi.

The petition was filed by residents of Sector 22, 23 of the concerned area, originally before the Delhi High Court contending that necessary approvals/ environmental clearances were not taken, on which an interim direction was also passed. 

The petitioners approached the Apex Court in a Special Leave Petition seeking directions against the National Highways Authority of India (NHAI) and its Contractor-Respondent, not to continue any construction or tree cutting/ removal activities at the said location in Dwarka at DDA Road No. 226, Sector 22, 23.

A Division Bench of Justice DY Chandrachud and Justice MR Shah, issued notice in the plea, listing the matter for Friday.

Advocate Prashant Bhushan made submissions for the Petitioners, saying,

“the Petitioners’ right to life would be adversely affected if the said construction is permitted in as much as inter alia the construction of the flyover would lead to an increase in vehicular movement through the densely populated residential sectors, thereby not only increasing the noise and air pollution in the said residential sectors but also increasing the likelihood of accidents as the high speed vehicles on the flyover, while exiting and entering the flyover, would be merging with the slower plying vehicles of the said residential sectors. Moreover, construction of the flyover would also pose as a safety hazard to the students of the schools in Sector 23 and Sector 22, Dwarka."

While submitting that the High Court had wrongly rejected the contentions without even calling for a reply from the NHAI, the petitioner has preferred the following grounds:

1. The right of the petitioners to a clean, healthy and peaceful environment cannot be curtailed in any manner except according to the procedure established by law.
2. The unauthorised and unapproved construction carried would lead to an exponential increase in traffic, air and noise pollution and traffic bottlenecks for the petitioners.
3. All RTI responses regarding impugned construction have only paid lip-service and did not enclose any claimed mandatory approvals, required before commencing any construction.
4. The construction is in contravention of provisions of Environmental Clearance Notification 2006, Delhi Preservation of Trees Act, 1994, Air Act, 1981, Water Prevention and Control of Pollution Act, 1974.
5. The said construction will drastically reduce green cover for the residential area as, in order to construct flyover, the trees on the main road which provide much needed fresh air, would have to be cut down.

“It is submitted that the freedom of movement under Art. 19(1)(d) is violated not just by restricting movement but also by worsening means of travel and daily commute. At present the service lanes are only sufficient to accommodate the vehicular as well as pedestrian movement requirements of the residents living in the area. The construction of the flyover will interfere with the free movement of the vehicles of the residents of the area,” the plea further added.

The main prayer seeks to allow the SLP, while the interim prayer seeks immediate stay on the impugned construction work on the grounds of prima facie case, balance of convenience and irreparable loss.

The plea is filed through Adv. Anand Varma.

Case Title: Rao CGHS Ltd. v. NHAI

Edited by Shreya Agarwal