DDCA moves HC to restore plea seeking NOC for Kotla stadium

DDCA today moved Delhi High Court for restoration of its 1997 plea seeking a no objection certificate (NOC) from MCD for the Ferozshah Kotla stadium which has been denied clearance as it was within 100 metres of a monument, Kotla Baoli.
Delhi and District Cricket Association (DDCA) had in its petition also sought direction to the Municipal Corporation of Delhi to restore the stadium's sanctioned plan.
A bench of Chief Justice G Rohini and Justice Jayant Nath refused to pass an interim order on the application, saying the matter has to be heard by a special bench and listed it for hearing on February 26.

The petition had challenged a June 1992 notification of Archaeological Survey of India (ASI) as per which construction within 100 metres of a monument, in present case was the 'Kotla Baoli', is prohibited.
As per DDCA's petition, only the outer parapet wall of the monument was at a 100 meter distance from the stadium and not the actual monument. It had also said there was a road between the monument's wall and the stadium.
The petition was dismissed in 2013 for non-prosecution, but was allowed to be revived if DDCA's paid Rs 10,000 as cost each to the MCD, Ministry of Urban Affairs and Employment, Delhi Urban Arts Commission and ASI.

When the matter was listed for hearing on April 21, the court was informed that the costs had not been paid and thus, the matter was again dismissed.

DDCA in its restoration application, filed through advocate Sangram Pattnaik, has claimed the costs were paid on January 15 and the authorities had accepted the same.
During the brief hearing, Pattnaik claimed that if the petition was not restored the association "would suffer irreparable loss and injury".
It was also submitted that before the last date of April 21, 2015, there was a change in counsel of DDCA and hence, there was some delay in reconstructing the case file.

In its petition, DDCA had contended that under the master plan for Delhi, Ferozshah Kotla grounds have been earmarked as a cricket ground.
During the hearing, advocate Sangram Patnaik, appearing
for DDCA, told the bench that issue with the R P Mehra block is for the semi-final match only.
To this, the bench observed, "You (DDCA) are answerable to the law. You undertook a huge risk. You knew about the consequences of the action which you have taken. You make sure that you get the certificate. Nothing prevents you."
When Sethi said SDMC has already granted occupancy certificate to the DDCA, the bench said, "It is clear that occupancy certificate for the R P Mehra block was not granted."

During the hearing, Patnaik referred to the mails received from ICC and BCCI and told the bench that "let Justice Mudgal take the decision".
The bench, however, said, "He (Mudgal) cannot take a decision. He is only assisting this court so that matches can take place here."
At this juncture, the DDCA also appreciated the works done by Justice Mudgal and said the cricketing body was grateful to him.
"But the ICC has taken a view that since it is a semi- final match and if complete access is not given then the semi- final match cannot be played here," it said.

Referring to the prayer sought by the DDCA, the bench said, "What you will do it is entirely up to you. We cannot do what you are praying for."
A single judge bench of the high court had yesterday told the DDCA it cannot allow the body to hold matches until it gets the completion certificate and the R P Mehra block was not as per the sanctioned construction plan. The semi-final match is slated on March 30.
The DDCA had yesterday referred to the National Capital Territory of Delhi Laws (special provisions) Second Act 2011 and had said the R P Mehra block cannot be held illegal or unauthorised since the act provides for regularisation of the structure.

The court had referred to a March 8 order of a division bench before which SDMC had said occupancy certificate was for the entire stadium barring R P Mehra block, which falls within 100 metre of a protected monument and lacks clearance from Archaeological Survey of India.