Greater Kailash Part-Ii Welfare ... vs Dlf Universal Ltd. & Ors

2. This appeal involves the apprehension of serious traffic problems by the residents of Greater Kailash Part -II, Alaknanda Complex, Mandakini Enclave and Chittaranjan Park on account of the change of user of the plot situated at the junction of Outer Ring Road and the main entry point to the aforesaid colonies on which the Savitri Cinema is located. The said plot, (hereinafter referred to as the 'Savitri Plot' ), though situated in a residential area, was earmarked as a cinema complex in the Delhi Master Plan at the initial stage when Greater Kailash Part -II was being developed.

5. On the basis of the above and being satisfied that the Building Plans were in consonance with the Building Bye Laws 1983, Master Plan 2001 and Delhi Cinematograph Rules, 2002, the MCD accorded sanction to the said plans on 4th December, 2002 with a direction that such renovation should be completed by 3rd December, 2004.

6. It also appears from the materials on record that as per the sanction granted by MCD, the respondent No.1 completed the renovation of Savitri Cinema within the time prescribed and applied to the MCD for Completion Certificate on 2nd December, 2004.

8. The case made out in the writ petitions was that the respondent No.1 herein was converting the single screen cinema hall into a multiplex -cum-commercial complex with four cinema halls which would result in a much larger number of visitors to the complex, which, in turn, would result in a larger number of vehicles being parked in and around the complex and particularly on the road branching off from Outer Ring Road as the entry point into Greater Kailash Part II and the other colonies situated in the area. It was also the case of the writ petitioners that the said entry point from Outer Ring Road being a single entry point into the colonies it is already congested and there are continuous traffic jams causing great hardship to the inhabitants of the aforesaid colonies. According to the writ petitioners, the congregation of more vehicles on the already congested entry point would cause a complete breakdown of the traffic system both to and from the colonies in question and also on Outer Ring Road notwithstanding the construction of a flyover at that particular point.

12. It was stated that both the above-mentioned apprehensions were incorrect and the respondent No.1 had decided to convert the existing Savitri Cinema Hall, which had provision for 1000 seats, into a single screen mini cinema hall with only 300 seats after obtaining sanction from the Municipal authorities. In fact, there would be a substantial reduction in the number of seats in the cinema hall which would also reduce the number of visitors to the cinema complex.

(e) The decision of the DDA shall be suitably incorporated in the plans sanctioned in favour of the respondent No.2, within a period of 4 weeks after receipt of its order by MCD;

(f) The directions at sub-para (a) above shall cease to subsist, upon steps having being taken, as per sub-paras (c) to (e) above; the respondents shall ensure that constructions/alteration to the cinema complex is in strict conformity with the changed plans; as per the decision of DDA."

20. Observing that it did not find any illegality in the orders passed by the Municipal Corporation of Delhi or the other authorities, nor any shocking arbitrariness, the Division Bench allowed the appeal and set aside the judgment of the learned Single Judge.

35. Mr. Lalit suggested that the question of constructing an underpass to avoid the T. Junction could be considered by the Delhi Development Authority while considering the questions relating to traffic congestion referred to above.

51. Apart from the above, the DUAC appears to have considered the objection made on behalf of the appellants in its meeting held on 12th November, 2003 and after hearing all concerned, the Commission had decided to refer the matter to the Standing Sub-Committee on Traffic, Transportation Proposals for the purpose of considering all aspects of the proposal with the broad object of providing more parking space in view of the need of extensive parking for this kind of a complex. Moreover, the DUAC had in its affidavit filed in the proceedings stated that as far as DUAC is concerned, the grounds indicated by the writ petitioners in the Special Leave Petition are misconceived and the Special Leave Petition deserved to be dismissed.

55. We, therefore, see no reason to interfere with the orders passed by the Division Bench of the Delhi High Court allowing the Writ Appeal and setting aside the judgment of the learned Single Judge. If, however, in future the necessity so arises, the concerned authorities will be at liberty to take appropriate steps to contain any problem that may arise, in accordance with law. The instant appeal fails and is dismissed.

56. There will be no order as to costs.