Delhi High Court
Federation Of Saritavihar Resident ... vs Union Of India And Ors on 1 June, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8412/2024 & CM APPL. 34691/2024
FEDERATION OF SARITAVIHAR RESIDENT WELFARE
ASSOCIATION ..... Petitioner
Through: Mr. Pawan Kumar Choudhary,
Advocate
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Ms. Hetu Arora Sethi, ASC, GNCTD
with Ms. Kavita Nailwal, Advocate
for R-2 to 5 and R-7 and 8
% Date of Decision: 01st June, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. Present writ petition has been filed as a Public Interest Litigation
('PIL') seeking a direction to the Respondents to suspend construction
activity at the place earmarked for car-parking at the '336 bedded Semi-
Permanent/Temporary ICU Hospital at Sarita Vihar, Government Hospital
Site, Sarita Vihar, New Delhi' ('Hospital Site'). In addition, the Petitioner
seeks a direction to Respondents to construct adequate parking space at the
Hospital Site before operating the same.
2. The Petitioner is stated to be a Society which has members from the
Residents Welfare Associations ('RWAs') of each block of Sarita Vihar.
3. Learned counsel for the Petitioner states that the project for
development of a 100 bedded hospital began in the year 2018-19. He states
that in the year 2020-21, Respondents redesigned the hospital to increase its
bed capacity to 300. He states in 2021-22, the project was further modified
to enhance the capacity to 336 beds with 296 car-parking spaces.
4. He states that on 24th May, 2022 the Petitioner wrote a letter to the
area MLA, requesting him to persuade the Respondents to enhance the car-
parking spaces, so as to avoid road congestion. He states that in fact, the
MLA vide letter dated 01st July, 2022, addressed a communication to
Respondent No. 4, highlighting the concerns of the residents. He states that
the Petitioner herein, as well issued a legal notice to Respondent No. 4 on
15th May, 2023, raising the issue of deficient parking spaces.
5. He states that Respondents in April, 2023 modified the scope of the
project without seeking statutory approvals including the environmental
clearance. He states that the Petitioner had instituted a case before the
National Green Tribunal i.e., O.A. No. 570/2023 on the grounds that
appropriate environmental clearance has not been obtained. He states that
the said petition was subsequently withdrawn with liberty to file again. He
states, however, the grounds on which the said O.A. was filed, did not
survive in view of the decision of the Respondents to abandon the changes
proposed in April, 2023 and the decision to revert the project for its user as
approved in 2021-22.
6. He states that on 18th March, 2024, Petitioner noticed that 85% of the
building has been constructed. He states, however, no construction for the
296 car-parking spaces is noticeable at the site. He states that the Petitioner
has issued a Legal Notice dated 18th March, 2024 to Respondents herein,
raising its concerns with respect to non-provision of car-parking space in
contravention of the sanctioned building plan. He states that however, no
response has been received from Respondents to the aforesaid Notice dated
18th March, 2024 till date. He states that the said hospital is scheduled for
opening on 31st May, 2024.
7. Having heard the learned counsel for the Petitioner and having
perused the record, we dispose of the present petition with a direction to
Respondent No. 4 to dispose of the representation made by the Petitioner
through its Legal Notice dated 18th March, 2024, by a speaking order in
accordance with law within four weeks. Pending applications stand disposed
of.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
JUNE 1, 2024/msh/MG
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