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Court reserves verdict

Legal Correspondent

Construction of shopping malls in Vasant Kunj area

NEW DELHI: The Supreme Court on Thursday reserved its verdict on a petition questioning the construction of five huge shopping malls in the Vasant Kunj area of the Capital in violation of all laws. The Court had already restrained the builders of these malls from proceeding further with the construction.

The Bench of Justice Arijit Pasayat and Justice S.H. Kapadia reserved the verdict on the petition filed by Ridge Bachao Andolan at the conclusion of arguments by counsel for the petitioner and for the malls. The Bench said that it would hear separately the matter pertaining to the construction activities carried out by the Union Defence Ministry in violation of the environmental norms in the Ridge area. Appearing for the petitioner, counsel Prashant Bhushan argued that construction of the shopping malls across 92.5 hectare of land in the Ridge area would lead to heavy environmental damage.

He brought to the notice of the Court that the Bhure Lal Committee as well as the Centrally Empowered Committee (CEC) had earlier denied permission for any construction activity in the area.

Referring to the affidavit filed by the Centre that since substantial construction had already been made, further construction could be allowed by imposing a heavy penalty, counsel said that if permission was granted it would become an irreversible situation. He alleged that the mall owners in collusion with Delhi Development Authority officials had deliberately carried out the construction without getting the necessary clearance from the Union Environment Ministry and that they were all along aware of the petition pending before the Court.

Senior counsel Arun Jaitley appearing for the mall owners, however, contended that his clients had obtained all requisite clearances and permission from the authorities concerned before starting the constructions and had already made huge investments in the project. Contending that the land for the malls had been auctioned by the DDA and that no illegality had been committed, he pleaded for vacation of the stay.

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