Delhi High Court declines interim stay on housing project: Need to hear NBCC

“This project has been on for the past four-five months, while clearances were given in 2017-18. The authorities have environment clearances (ECs) order. The NBCC is not vindictive against the environment. They are the statutory authority. They have also some responsibility… What you (the petitioner) have raised is certainly an important issue, but orders cannot be passed ex-parte,” the bench observed.

It issued notices to the Ministry of Housing and Urban Affairs, Ministry of Environment, Forest and Climate Change, NBCC, Central Public Works Department and Delhi Pollution Control Committee, and directed them to file their stand by June 25.

Read | Trees in Delhi to be felled for housing project despite NGT order saying replant first

The bench was hearing a plea from Dr Kaushal Kant Mishra, a senior orthopaedic surgeon, who challenged the environment clearance given to the housing projects.

Stating that separate ECs for each area were granted between November last year and June this year, the PIL has sought setting aside of the terms of reference (ToR) and ECs granted to the project by the environment ministry. “16,573 trees are to be destroyed as a consequences of the action, which cannot, in any manner, be afforded by a city that is teetering on the brink of environment collapse,” said the plea.

The petitioner said the authorities have ignored the fact that Delhi was declared an air pollution control area more than 30 years ago, which needs to be borne in mind.

The counsel argued that “if the present projects were permitted, it would hasten the environmental devastation of the nation’s capital”.

The plea stated that trees would be felled in six colonies — 11,000 in Sarojini Nagar; 1,465 in Nauroji Nagar; 3,033 in Netaji Nagar; and 1,000 more in Tyagaraj Nagar, Kasturba Nagar and Mohammadpur.

Contrary to reports of 16,573 trees being felled, Minister of Housing and Urban Affairs Hardeep Puri, had said 14,000 trees were being cut.