New Delhi : The Delhi High Court Tuesday restrained city government from issuing any notification for declaring any road in the capital as commercial or mixed land user.
Justice Manmohan also issued notice to Delhi government, the lt. governor and civic bodies of the city, seeking their response by July 17, while staying former Aam Aadmi Party government proposal which had cleared a proposal to notify 351 roads as mixed land or commercial user.
The court also took into note May 7, 2007 order of the Supreme Court wherein it has directed that any authority shall not issue notification relating to declaring roads for commercial users without a proper survey.
"Keeping in view the aforesaid categorical order of the Supreme Court, the respondents are restrained from issuing any fresh notification for declaring any road in Delhi as commercial/ mixed land user without seeking leave of this court," said Justice Manmohan.
The plea filed by residents of Rajouri Garden colony said that the AAP government, before its resignation Feb 20, had cleared the proposal to notify 351 roads as mixed land and had forwarded the same to the lt.governor for issuing the notification.
They sought an order restraining the Delhi government from issuing any notification under the Master Plan 2021, by which any roads in Delhi, including of Rajouri Garden colony, may be declared commercial or mixed land use roads.
"It was totally unwarranted action on part of the Delhi government, which flies in the face of the restraining order passed by the Supreme Court on May 7, 2007. As per that order, no such notification could be issued without proper survey and seeking prior approval of the Supreme Court," said the plea.
The residents further said that they wrote to principal secretary to lt.governor Feb 20 stating that "without conducting survey, without consulting residents bodies/doing proper ground work, and without seeking prior permission of this court, no such notification should take place", but received no reply.
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