Supreme Court says Delhi masterplan changed at drop of a hat

New Delhi: The Supreme Court, on Wednesday, came down heavily on the Centre saying it was changing the Master Plan of Delhi-2021 at “the drop of a hat” to protect those who have committed illegalities by making unauthorised constructions.

The apex court made it clear that commercial establishments like restaurants and big showrooms cannot continue in residential areas in violation of the law as the authorities cannot put the lives of citizens of Delhi in danger.

A bench of justices Madan B. Lokur and Deepak Gupta also told the Additional Solicitor General A.N.S. Nadkarni, who was appearing for the Centre, that the groundwater level in Delhi has depleted to such an extent that if there was no rainfall in the national capital even for an year, there would be “chaos for water”.

When Nadkarni urged the Bench that the apex court should monitor the issue and ask the authorities to perform their duties in a time-bound manner, Justice Lokur observed, “then there will be dharnas outside my house”. 

Mr Nadkarni said that protests and dharnas by the traders against the ongoing sealing drive was not a solution to the issue and though there was a right to protest, it cannot be done in a way holding the city to ransom.

“Neither the government nor the courts should be cowed down by this (protests),” he said prompting Justice Lokur to say, “do not worry, we will not be cowed down”.

The Bench also referred to earlier orders passed by the apex court in this matter and said that it was observed that wealth rather than the health of the citizens was getting the priority.

When the court asked as to what the government was doing about commercial establishments operating from residential areas in violation of law, the Centre referred to the Master Plan of Delhi-2021 and said “they will have to go”.

“You are changing the Master Plan of Delhi at the drop of a hat. Why? Because you want to protect these people,” the Bench said, adding, “people of Delhi are not relevant for you”.

“These kinds of showrooms and restaurants cannot continue in residential areas unless you want to put citizens of Delhi in danger of fire,” the Bench observed while referring to the lack of fire safety clearances for such eateries.

The Centre, however, said that there cannot be “miscarriage of mercy” even in the master plan. “Let me tell you that groundwater level in Delhi has depleted to such an extent that if for one year, there is no rainfall in Delhi, there will be a chaos for water,” Justice Lokur said.

The Bench observed that if the government and concerned authorities have the will to implement the regulations which are already there, the issue could be dealt with.