A bench of Chief Justices D N Patel and Justice Jyoti Singh issued notice on the plea by two organisations and also sought response from DLF Home Developers, North Delhi Municipal Corporation, Delhi Jal Board and others.
“Learned counsels seek time to file their respective counter affidavits. Time as prayed for is granted,” said the court in its order dated September 8.
The matter would be heard next on October 29.
The petitioners – All India Bhrashtachar Virodhi Morcha and Rashtrawadi Janhit Sabha – have informed that in 1996, the Supreme directed the closure of several hazardous, noxious, heavy and large industries here, with an order that 68 per cent to 57 per cent of their land be given to DDA for exclusive development of greenery or lungs space.
Subsequently, a further order was passed in 2010 by the apex court directing DDA to not utilise this land for commercial purpose, the plea said.
DDA and DLF Home Developers signed a memorandum of understanding in 2015, pursuant to which over 129 acres of this land was handed over to the latter in violation of the Supreme Court orders, it added.
The petitioners claim that in 2011 DDA prepared a landscape for developing the land as ‘lung space’ and greenery, and a park was opened for the public.
“All of a sudden, in 2015 a new huge iron gate… was installed and even the general public was not allowed to enter into the park. Now the restricted entry is only allowed by DLF security personnel…
“That the respondent No.1 in collusion with respondent No.2 entered into a Memorandum of Understanding dated 08.07.2015 for the entire phase-1, 2 and 3 comprising of 128.95 acres of the land (say 129 acres) handed over to the respondent No.2 in violation of SC order,” the plea said.
It is alleged that the 129 acres of land is now being used by DLF “for its own use and occupation exclusively for commercial purposes”.
“(T)he bare perusal of said MOU dated 08.07.2015 after the Supreme Court order dated 25.03.2010, is clear violation of supreme court orders and evidently clear that the Dy. Director (Hort.) Hort. Division-3, DDA, has executed the MOU with the respondent No.2 without disclosing the identity of authorized signatory and authorization.
“The transfer of the land is illegal and impermissible which amounts to contempt of the order of the Hon’ble Supreme Court of India dated 25.03.2010. The MOU itself reflects the commercial exploitation of the said land which is meant for the development of lung space and greenery by Resp. No.1/DDA for the use of the community at large,” the plea adds.