Supreme Court has stayed the notification of amendments to the Delhi Master Plan 2021 – for not declaring the Environmental Impact Assessment Report.
The prime question was on - whether issues such as safety, traffic, parking, and civic amenities were considered before the amendments were cleared.
What is the case about?
The Delhi Development Authority (DDA), the body created by an Act of Parliament in 1957 “to promote and secure the Development of Delhi”.
It frames the Master Plan that lays down the guidelines, policies, and space requirements for various socio-economic activities for the city’s population.
The Master Plan is also the basis for all infrastructure requirements of city and DDA is currently working on its outlay for the year 2021.
Affidavits on the “Environment Impact Assessment” with considerations for the amendments to the 2021 plan weren’t filed by the concerned authorities.
Hence, Delhi government, Delhi Development Authority (DDA) and the 3 Municipal Corporations of Delhi (MCDs), have been flanked by the Court.
Why where these amendments put forth?
A Supreme Court-mandated “sealing drive” is currently underway, and establishments are being sealed for various real-estate violations.
The proposed amendments were hence made due to pressure from owners of commercial establishments who were facing the prospect of closure.
Notably, all political parties were all under severe pressure from trader groups in order to stop the sealing drive as businesses were taking a massive hit.
Due to the urgency, a mere five-day public hearing was undertaken to discuss the amendments with trader bodies, resident groups and other stakeholders.
While complete consensus wasn’t achieved, a compromised version now awaited notification by the Union Ministry of Housing and Urban Affairs.
If notified, these amendments would have become part of policy but the SC decried these actions as it seems to be made with utter disregard for principle.
What are the proposed amendments?
The amendments include increasing the Floor Area Ratio (FAR) and reduction of conversion charges, and allowed the amalgamation of plots for parking.
Notably, while the current FAR is 180 (per 100) for local shopping centres, the amendment intends to make it 350, which is the standard for residential plots.
Due to pressure from many Resident welfare associations (RWAs), provisions were made for shutting bars and pubs in residential areas.
Another amendment sought to make certain markets pedestrian-only, if newly authorised commercial establishments could not provide parking facilities.
Fire and other safety concerns were also raised by residents regarding allowing commercial units to function from basements.
But as the amendments were rushed up by the authorities due considerations weren’t given to all aspects in a holistic manner.
Hence, Supreme Court has flagged various important issues like safety, and parking space for further brainstorming and has currently stalled proceedings.
Quick Facts
Floor area ratio (FAR)
FAR is the ratio of a building’s total (gross) floor area to the size of the land on which it stands.