SC asks Environment Ministry to spell clearances for malls

New Delhi, Oct 17 (UNI) The Supreme Court today directed the Union Ministry of Environment to decide within two months what remedial measures, including imposition of costs, can be taken regarding the construction of five big shopping malls in Vasant Kunj area of Delhi.

A Bench comprising Justice Arijit Pasayat and Justice S H Kapadia, held that the construction without requisite clearances was not permissible, whether it was in ridge area or outside Ridge area.

The court, in its judgement, also said, ''DDA should have been more transparent as an impression has been created that all requisite clearances have been optioned from the concerned authorities, including Ministry of Environment, while it is not so.

We also understand the bonafide of the respondents.'' It may be noted here that DDA had auctioned 19.13 hectares of land in 2003 to DLF, Airtel, Maruti Udyog, AMBI, ONGC and ONGC Videsh for about Rs 1200 crore.

The Supreme Court had earlier stayed the construction of the shopping malls being constructed - namely two by DLF, having an area of 20,000 square meters each, one by Airtel in about the same area, one by Maruti Udyog and one by AMBI having an area of 23,000 sq meters.

ONGC had not started the construction.

The petitioner D N Godavarman Thirumalpad had filed a Public Interest Litigation seeking demolition of the upcoming shopping malls on the ground that they would damage the environment of the city and that the construction itself was illegal as no such activity was permissible in the ridge area under the law.

The respondent companies had, however, opposed the petition on the ground that they had bought the land from DDA under the impression that all requisite clearances had already been taken by DDA and had already made huge investments in the construction of malls.

The Environment Ministry had, however, suggested to the court that instead of putting the clock back by ordering demolition, the same may be regularised by imposing heavy costs on the developers for starting constructions without obtaining clearance from the Ministry of Environment.

There is 640 hectares of ridge area in Vasant Kunj, out of which 315 hectares belong to the army and the rest to DDA.

UNI AKS/SC SHB AT DB1300