GOVT. OF NCT OF DELHI AND ANR. versus ANAND ARYA AND ORS.

Citation: [2016] 1 S.C.R. 1011 · Decided: 05-02-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Disposed off

Judgment (excerpt)

[2016] 1S.C.R.1011 
GOVT. OF NCT OF DELHI AND ANR. 
v. 
ANAND ARYA AND ORS. 
(Civil Appeal No.888 of2016) 
FEBRUARY OS, 2016 
[T.S. THAKUR CJI, A.K. SIKRI AND R. BANUMATHI, JJ.] 
Land laws: Change of land use - Matter pertains to the 
construction of bus depot by the appellants on an area situated 
next to Nizamuddin Bridge and behind J.P. Power Station - Writ 
petition in pub.lie interest seeking demolition of construction of bus 
depot and restoration of area in its original condition on the ground 
that as per the Master Plan 2021 for Delhi, the Bus Depot popularly 
known as Millennium Bus Depot was shown as 'river flood plain' 
and on such area no construction could be carried out as per the 
Master Plan - High Court gave six months time to the authorities to 
change the Master Plan as per law if it was permissible, failing 
which the Millennium Bus Depot was to be removed from the site -
After six months, the prayer for extension of time made by DTC -
High Court rejected same - On appeal, held: High Court had given 
chance to DTC to get the MPD 2021 amended - This was done 
keeping in view the submission of DTC that the Bus Depot was 
· constructed to serve greater public purpose; the area was not falling 
on the river bed; that there was no threat to environment or ecology 
in having the Bus Depot at the given site - Exercise to consider the 
said aspect did not take place for some reason or the other -
However, the development which took place in recent times, 
particularly the orders of the National Green Tribunal, pointed out 
to the fact that things started moving and it would be understood 
soon whether area in question where the Bus Depot stood was viable 
for this purpose or not - Therefore, directing the DTC to demolish 
the Bus Depot at this juncture may not be appropriate and the 
decision in this regard is deferred - One year time granted to DTC 
during which period the DTC shall either get the MPD 2021 
amended failing which it shall shift the Depot. 
Disposing of the appeals, the Court 
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HELD: 1. Though an opportunity was granted by the High 
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SUPREME COURT REPORTS 
[2016] I S.C.R. 
Court to the appellants to have the MPD-2021 amended, if the 
same was possible, even when almost four and a half years have 
passed, there is no amendment in the Master Plan. In the absence 
of said amendment, the legal position is that Millennium Bus 
Depot at the given site cannot operate. In the Contempt Petition, 
filed by respondents undertaking was given by the OTC to vacate 
the Bus Depot by 31.10.2014. That undertaking is not adhered 
to. No doubt, application for extension of time was pending and 
because of this reason the Contempt Petition was adjourned from 
time to time, but the said application for extension was dismissed 
taking note of the fact that the appellants have failed to get the 
Master Plan amended. [Para 18](1021-D-EJ 
2. Another material fact which is to be noticed is that in 
respect of this very issue, there was a meeting held under the 
Chairmanship of the Chief Minister of Government of NCT of 
Delhi wherein the background of the development of the 
Millennium Bus Depot was explained by the Chief Secretary. 
After understanding this background, the Chief Minister pointed 
out the urgent need to protect the land along the river bed of the 
river Yamuna to increase recharge and to supplement the water 
needs of the cit) of Delhi. He was, therefore, of the view that 
OTC should vacate the land in question and move its buses to 
some alternate location and the same be done in a time bound 
manner. As the minutes of the said meeting reflect, the demand 
of the Chairman of the OTC was that the DOA should immediately 
provide alternate land for relocating thousand buses which are 
parked and maintained at the said Depot. It was explained that if 
no alternate site is immediately made available, the DTC will 
face great difficulty in parking its fleet as there are huge 
constraints in its existing depots for the fleet in question. DTC 
submitted that it had got the Environmental Impact Assessment 
from WAPCOS (a Government of India body under the Ministry 
of Water Resources) and it was committed to following the said 
Report in all respects. It also mentioned that the DTC was 
making efforts in creating greenery in the area and setting np of 
effluent treatment plants. Significantly, notwithstanding the above, 
the Chief Minister express

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