The Supreme Court today said ordering demolition of Millennium Bus Depot at this juncture would not be appropriate and granted one year time to Delhi government and DTC to get the 2021 master plan amended failing which it would have to shift the bus shelter from the Yamuna river banks.
A bench headed by Chief Justice T S Thakur, however, made it clear that no further time on any ground whatsoever would be granted on this issue.
The bench, also comprising Justices A K Sikri and R Banumati, said the decision in this regard can be deferred for some time to await the outcome of report of an expert committee on the identification of floodplain.
It said a chance was given by the Delhi High Court to the Delhi government and Delhi Transport Corporation (DTC) in October last year to have the Master Plan of Delhi (MPD) 2021 amended, if it was permissible in law, within six months.
"Exercise to consider the aforesaid aspect has not taken place, or for some reason or the other, whether it was because of dispute between L&DO and DDA on the issue of land ownership or otherwise.
"However, the development which have taken place in recent times, particularly the orders of the National Green Tribunal, point to the fact that things have started moving and it would be known in near future as a result of study conducted by the Expert Committee, whether area in question where the Bus Depot stands, is viable for this purpose or not, directing the DTC to demolish the Bus Depot at this juncture may not be appropriate and the decision in this regard can be deferred for some time to await the outcome of the report of the identification of floodplain," the bench said in its 23- page order.
The court passed the order while disposing of separate appeals filed by the Delhi government and DTC against the Delhi High Court's October 20, 2015 order.
The high court had refused to extend the time to the authorities to shift out the bus depot, situated next to Nizamuddin Bridge and behind IP Power Station, which was allowed to be constructed on temporary basis to park buses during the 2010 Commonwealth Games.
The apex court noted that chance was given by the high
court keeping in view the submission of the Delhi government and DTC that the "bus depot was constructed to serve greater public purpose; the area in question was, as a matter of fact, was not falling on the river bed; and there was no threat to environment or ecology in having the Bus Depot at the given site".
It also referred to NGT's January 13 last year order in which it had passed a slew of directions pertaining to identification of floodplain.
DTC and the Delhi government had challenged the high court decision dismissing the transporter's plea for grant of six months to approach DDA to change the land use of the Millennium Bus Depot site.
The high court, on October 20, 2015, had shot down DTC's plea on the issue, saying it was an abuse of the court process to seek extension of time after undertaking to shift it.
The high court had also said that it had in 2012 given six months to either shift the depot or change land use of the site and there was "no justifiable reason" now for further extension.
The 50-acre millennium depot was built on the river bank initially as a temporary depot during the 2010 games, with a parking space for around 1,000 buses along with various facilities, including five workshop-cum-scanning centres, a logistics centre and two CNG-filling stations.
