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2009 DIGILAW 957 (SC)

T. N. Godavarman Thigumlpad v. Union of India

2009-04-27

ARIJIT PASAYAT, K.G.BALAKRISHNAN, S.H.KAPADIA

body2009
ORDER : 1. As part of the Commonwealth Games, DDA wanted to construct an Indoor Stadium for Badminton and Squash. It is alleged that only 10.91 hectares land was required and originally for the purpose 172 trees alone were intended to be cut but later the area was expanded and it is alleged that about 891 trees were cut which caused extensive damage. It was alleged that this area should have been treated as a deemed Forest area. The Forest Department could not earmark it as a deemed forest area as relevant records were not considered to treat it as deemed forest area. This is denied by the DDA. We leave open this question to be decided at a later stage. 2. CEC has examined the matter and the suggestion made by the CEC is that further trees shall not be cut by the DDA for the purpose of enabling new parking area for the Indoor Stadium. An alternative has been suggested, which is to the effect that approach to the above game complex shall be from the August Kranti Marg/Siri Fort Auditorium Complex side and after entering the Siri Fort Sports Complex entry inside the Golf Driving Range from the extreme left end can be made through a temporary opening and a track about 9 meters wide. This track, to be laid inside the Golf Driving Range, would go up to the point as shown in the map and from where the vehicles of the VIPs and Games Participants would turn into the Badminton and Squash Court Complex to reach the alighting point. The vehicles will return towards the farthest end of the Golf Driving Range (adjoining the Hockey Ground) which would be the temporary parking space for vehicles during the games period. 3. Learned Additional Solicitor General submitted that the underground parking space will not be used for commercial purpose till the games are over. The suggestion of CEC is acceptable to the DDA. Any further construction can be done in the Stadium only in accordance with these suggestions. To carry out the suggestions proposed by the CEC if any trees are to be cut the same may be done with prior notice to and approval of CEC. It is suggested by the learned counsel appearing for the Commonwealth Games that 12 trees are to be cut. To carry out the suggestions proposed by the CEC if any trees are to be cut the same may be done with prior notice to and approval of CEC. It is suggested by the learned counsel appearing for the Commonwealth Games that 12 trees are to be cut. CEC may be apprised of this, before cutting is effected, and its approval has to be taken. All other questions raised will be decided later.