Green guard

New Delhi, Aug. 29: Highrises cannot be built in Delhi’s Lutyens Bungalow Zone so that the area retains its green, colonial character, the Supreme Court has ruled.

The court yesterday upheld executive orders issued at the initiative of Rajiv Gandhi’s Prime Minister’s Office 20 years ago, dismissing the objections of a private company that wanted to construct a two-and-a-half-storey building in the area.

Delhi High Court had on May 19, 2004, upheld Tanvi Trading and Credit Private Limited’s claim, but the apex court set that judgment aside.

A ban was first imposed on building highrises in the Lutyens Bungalow Zone (LBZ) on October 17, 1985. It was later partially lifted for Connaught Place, a commercial district, subject to conditions.

Some other norms were also drawn up to regulate highrises across the city subject to urban design clearance, firefighting measures and other requirements under building laws. Later, in 1988, a separate set of norms was drawn up at the initiative of the PMO to retain the low-density, green character of the LBZ.

The guidelines specified that any new construction must have the same area as the existing bungalow and must not be taller than it. If the plot was vacant, the new building could not be taller than the lowest bungalow on adjoining plots.

Tanvi, however, sought permission to construct a two-and-a-half-storey building with 15 dwelling units on plot No. 47, carved out of an existing plot, on Amrita Shergil Marg in south Delhi.

It was denied permission on the grounds that the plan was against the norms. The company challenged it in the high court saying the norms had no legal standing and were only a set of executive instructions issued by the urban development ministry at the PMO’s initiative.

The high court said the order rejecting building plans was illegal and the plans were deemed to have been sanctioned under the New Delhi Municipal Council Act.

But the apex court said the guidelines had been drawn up in public interest and could not be ignored.