Delhi High Court
Sidhartha Extension Pocket C ... vs Union Of India & Ors. on 15 September, 2023
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 05th September, 2023
Pronounced on: 15th September, 2023
+ W.P.(C) 11740/2023 & CM APPL. 45840/2023, CM APPL.
45841/2023
SIDHARTHA EXTENSION POCKET C RESIDENTS WELFARE
ASSOCIATION & ANR. ..... Petitioners
Through: Mr. Kirti Uppal, Sr. Advocate with
Mr. Nalin Tripathi and Mr. Nischal
Tripathi, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Piyush Beriwal, Ms. Anandita
Aggarwal and Ms. Disha Chaudhary,
Advocates.
Mr. Siddharth R. Gupta, Advocates.
Mr. Sanjay Katyal, SC, DDA with
Mr. Nihal Singh, Advocates.
Ms. Beenshaw N. Soni, SC, MCD
with Ms. Mansi Jain and Ms. Ann
Joseph, Advocates.
Mr. Rajesh Katyal, Standing Counsel
with Ms. Parina Katyal, Advocate for
R-3.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJEEV NARULA
JUDGMENT
SANJEEV NARULA, J.
1. Voicing the collective concerns of the residents of Pocket C,
Siddhartha Extension, New Delhi, their Resident Welfare Association, and
Senior Citizens Welfare Forum have brought forth the instant Public Interest
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Litigation. At the core of their grievance, lies the decision-making process
surrounding the route alignment of the Delhi-Meerut Regional Rapid
Transport System ["RRTS"]. Designed as a semi high-speed rail corridor,
the RRTS aims to establish connectivity between Delhi, Ghaziabad, and
Meerut. The Petitioners argue that authorities' decision to abandon the initial
route plan, referred to as Option 1, in favour of an alternate route - Option 3,
is arbitrary, lacks proper justification, and poses adverse consequences for
the well-being and quality of life of the residents of Siddhartha Extension.
The Petitioners' grievance
2. Mr. Kirti Uppal, Senior Counsel, presented the following arguments
on Petitioners' behalf:
2.1. The Petitioners' opposition is not against the public project itself,
which is ostensibly designed to serve the greater good. Rather, they are
aggrieved with the deviation from originally planned route, which had also
been endorsed by Respondent No. 1 [Ministry of Railways, Union of India],
and did not include Siddhartha Extension in the Delhi-Ghaziabad-Meerut
RRTS alignment. Respondent No. 3 - the National Capital Region Transport
Corporation ["NCRTC"], has unilaterally altered this plan to include a
viaduct that would pass directly through Siddhartha Extension, connecting
the stabling yard at Jangpura, New Delhi. This new route has been adopted
without the requisite approval from Respondent No. 1.
2.2. NCRTC, as the agency responsible for executing the project, owes a
duty of transparency to the Project Affected Families. Despite this
obligation, they have failed to disseminate any information pertaining to the
revised plan to the affected residents. Compelled by this lack of
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communication, the Petitioners resorted to filing a request under the Right to
Information Act, 2005 ["RTI"]. The response to the RTI request revealed
that there is no recorded evidence indicating the rationale for NCRTC to opt
for Option 3, in place of Option 1, or whether Respondent No. 1 ever
granted an approval for this substantive change in the project's alignment.
2.3. The RTI response merely cites techno-commercial infeasibility for
preferring Option 3. However, Option 1, which avoids traversing Pocket C
of Siddhartha Extension, is more economical. According to the cost
comparison of the alternates, Option 1, with a span of 675 meters, comes
with an estimated cost of Rs. 7872 lakhs. In contrast, Option 3, covering a
shorter distance of 565 meters, is estimated to cost Rs. 4365 lakhs. Thus,
Option 1 is not only less intrusive to the residential area, but also more
financially prudent, offering substantial savings without compromising the
project's objectives.
2.4. The rights of the colony's residents to safety, convenience, and
property must not be disregarded. Invoking Article 300A of the Constitution
of India, 1950, Mr. Uppal asserted that residents have a protected legal right
to their properties. As such, NCRTC should be precluded from encroaching
upon these rights, without adhering to the due process of law. This stance is
in keeping with the broader principle that even public projects must respect
individual rights and liberties.
2.5. Financial considerations aside, Option 1 is still the most viable route
for the RRTS. While this option may be nearly Rs. 35 crores more expensive
than the alternatives, it offers the distinct advantage of not displacing
residents or disrupting the planned development of Delhi. The extra cost
should be weighed against the potential social and human impact, making
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Option 1 as the most socially responsible choice.
2.6. Beyond the potential infringement of property rights, if Option 3 is
proceeded with, the resultant risks to residents' quality of life and safety,
would be manifold. Construction under this plan would inevitably result in
noise and air pollution, making daily life intolerable for residents.
Additionally, the placement of hazardous infrastructure and heavy
machinery in a residential zone would not only pose a safety threat, but
would also disrupt essential amenities, such as access roads and parking
facilities. Given that a less disruptive and more resident-friendly option
exists, the Respondents must be directed to consider designs that minimize
these negative impacts.
Submissions on behalf of NCRTC
3. Mr. Rajesh Katyal, counsel for NCRTC, strongly opposed the
maintainability of the present petition by raising following counter-
arguments:
3.1. The RRTS project is periodically undergoing scrutiny of the Supreme
Court in W.P. (C) 13029/1985 titled M.C. Mehta v. Union of India. Citing
multiple orders passed in the afore-noted case, Mr. Katyal underscoredg the
Supreme Court's recognition of the project's significance and its explicit
directives to expedite construction. Any judicial intervention at this juncture
could disrupt the project's timeline and set a precedent for future delays.
3.2. On merits, he contended that the impugned decision to forego Option
1 is underpinned by sound and rational reasoning. In the absence of any
demonstrable arbitrariness or unreasonableness in the decision-making
process, this Court should abstain from entertaining the petition at hand.
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Reliance was placed upon Jayabheri Properties Private Limited Ors. v.
State of Andhra Pradesh and Ors.1
3.3. Respondent No. 1 has no authority in finalization of the RRTS
alignment and thus, no approval was required for modification of proposed
routes.
Analysis and findings
The RRTS project
4. The Delhi-Ghaziabad-Meerut RRTS corridor has received
government approval through a sanction order dated 07th March, 2019, with
a total project cost of approximately Rs. 30,270 crores. Construction work
commenced in June 2019 and has been progressing on schedule. The
priority section of this corridor is set to be operational by early 2023, while
full commissioning is targeted for 2025. Importantly, the project is
substantially funded to approximately 60% of the total cost. Currently, the
NCRTC has mobilized a workforce of over 14,000 professionals, who are
diligently working around the clock to ensure timely completion. The RRTS
corridor is not merely a transport project, but also a significant initiative in
environmental sustainability. According to the Detailed Project Report for
the RRTS corridor, it is estimated that the system will reduce 60,000 tonnes
of particulate matter, 4,75,000 tonnes of nitrogen oxides, 8,00,000 tonnes of
hydrocarbons and carbon monoxide, annually. Moreover, the RRTS is
expected to contribute significantly to reducing pollution levels by
augmenting the modal public transportation share, thereby decreasing the
number of vehicles on the roads. Additionally, the efficient electric
(2010) 5 SCC 590.
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operation of the RRTS will further reduce both air and noise pollution.
Thorough evaluation by a team of experts
5. NCRTC's deliberations on feasibility of the proposed alignment
options are as follows:
" Table 3: Comparison of Alignment options for connecting line (viaduct) from
Sarai Kale Khan Station to Jangpura Stabling Yard
Main Merits Demerits Final Reason for
Feature Decision acceptance/
Rejection
Alignment Option-1
By passing Siddharth This Alignment will have Not
Siddhartha extension following disadvatanges/ recommended The alignment is
Extension colony is not technical issues: costlier, difficult
Colony getting to construct and
affected 50 m span over Barapulla technically not
flyover is having sharp feasible.
horizontal curve of 145 m. Therefore, cannot
As per SoD the minimum be selected.
radius of horizontal curve
for the depot/stabling yard
should not be less than
300m. Therefore, the
alignment is technically not
feasible.
Further, the alignment will
have a 122 m span viaduct
with 65-degree skew angle
at railway crossing. Out of
122 m span, 50 m length is
on curve of 150m radius
and 72 m length is straight.
Due to space constraint,
launching and movement
of construction machinery
and materials, 122 m single
span viaduct is not
possible.
The feasibility of
construction of an
intermediate pier in the
space available between the
running tracks is also
explored and found not
feasible due to (i) OHE
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traction lines of 25 KV for
Delhi Agra main line is a
hinderance in mobilization
of construction machinery
in the intermediate space
(ii) Construction will
require block periods and
shutdowns which will not
permitted by railway.
This alignment will be
costlier due to additional
requirement of 101 m span
of viaduct on this
alignment which can be
avoided by choosing option
II alignment.
Parapet of RRTS viaduct is
at a close proximity of 3m
from G+4 building (near
Barapulla Flyover).
Alignment Option-2
Inside Geometry of 24 no Flats inside Siddharth Earlier The radius of
Siddharth alignment is extension colony is getting recommended. curve is 702.5 m
Extension made affected. which is more
colony smooth It has been than compared to
affecting Alignment inside Siddharth further minimum
24 no extension colony is having improvised technical
Flats horizontal curve of radius for option- III. requirement of
wear and tear increase with Numbers of flats
reduction of radius. would be affected
inside Siddharth
Extension which
will have higher
cost of
compensation as
well as higher
number of
displacements.
Hence not
selected.
Alignment Option-3
Inside Number of 8 numbers of Flats inside Recommended The radius of
Siddharth affected flats Siddharth extension colony curve is 1500m
Extension are reduced is getting affected which will ease
colony to 8 number out the vibration
affecting 8 from 24 and noise. At the
numbers numbers. same time, it will
of Flats Thus, 16 affect only 8 no.
number of flats inside
affected flats Siddharth
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are being Extension which
saved inside will have lower
Siddharth cost of
Extension. compensation,
lesser pollution
Geometry of and lower
alignment is number of
improvised displacements.
to make it Hence found
further most suitable and
smooth. selected for
construction.
[Emphasis Supplied]
6. The potential alignment options for the concerned viaduct propose the
following: (a) bypassing Pocket C of Siddhartha Extension (Option 1), or
(b) running through Pocket C of Siddhartha Extension, impacting 24 flats
(Option 2), or (c) cutting through Siddharth Extension colony and affecting
8 flats. As can be seen from the above excerpt, these alignment options for
the RRTS have undergone rigorous evaluation process by a team of domain
experts. As per their evaluation, Option 3 not only minimizes the number of
flats affected, but also presents a cost-effective approach when compared to
Options 1 and 2. Importantly, the positioning of pillars in Option 3 has been
carefully planned to ensure non-interference with roadways or other
easement rights like parking and free spaces. It also minimizes the impact on
local residents by affecting the least number of flats, and offers the most
technically feasible and economically prudent route. Given the
considerations outlined above, it is clear that NCRTC's decision to forego
Option 1 is anchored in valid technical and social considerations. The
chosen alignment is not an arbitrary decision, but one steeped in technical
viability, cost-efficiency, and broader societal gains.
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Public interest
7. Public interest stands at the forefront of this project, given its
significant benefits such as reducing air pollution, alleviating traffic
congestion, and offering a more efficient transportation system.
Additionally, the project promises substantial environmental benefits, as
indicated by the Detailed Project Report, including significant reductions in
annual emission rates of particulate matter, nitrogen oxide, hydrocarbons,
and carbon monoxide. Thus, in the act of balancing individual property
rights and overarching public interest, the latter must take precedence. The
scale tips in favour of a solution that serves the larger community, and
ensures the most efficient use of public resources.
Safety measures
8. It is also worth noting that NCRTC is not a novice in the field, but is a
specialized government entity with extensive experience in executing
complex and heavy infrastructure projects. They have a robust safety
mechanism in place to monitor, supervise, and direct construction activities.
This adds an additional layer of assurance that construction will be
conducted in a manner that prioritizes both, safety and environmental
concerns. NCRTC has demonstrated a commitment to mitigating the impact
of construction on the well-being of Siddhartha Extension residents; they
have devised a comprehensive approach to construction that would ensure
speed and safety. The construction within the society's boundaries is
scheduled with additional resources to ensure its expeditious completion.
Before the initiation of construction activities, proper road diversions will be
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established and managed by trained and experienced traffic marshals. This
will separate construction-related vehicular activity from general traffic,
thereby reducing the likelihood of congestion and accidents. During the
construction phase, stringent safety measures will be in place: the worksite
will be fully enclosed by high barricades and will be monitored by security
personnel to restrict unauthorized entry. Upon completion of the
construction, NCRTC has committed to restoring the site to its original state,
supplemented by modern amenities for the residents. This restoration will
take place before the site is handed back to the respective governing agency.
9. Therefore, NCRTC has strategically planned allocation of resources
to expedite the completion of the project as swiftly as possible. These are
not merely preventive measures, but a proactive strategy aimed at
safeguarding the general public from construction-related hazards. In sum,
these measures demonstrate NCRTC's conscientious approach to balancing
the imperatives of public infrastructure development with the everyday lives
and concerns of affected residents.
10. Dismissed, along with pending applications.
SANJEEV NARULA, J
SATISH CHANDRA SHARMA, CJ
SEPTEMBER 15, 2023/as
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