Amend plan if Millennium Bus Depot found on flood plains: SC

The Supreme Court today directed the Delhi Development Authority (DDA) to amend or alter the 2021 Master Plan if the Millennium Bus Depot is found to be situated on Yamuna flood plains by the National Green Tribunal (NGT) which is seized of the issue.
The apex court said that if at the conclusion it is found that it is river bed then it is end of the matter, but if it is found that it is flood plain then the master plan is to be amended and subject to the alteration the said depot should not be used for any other purpose.

"On perusal of the factual position the issue whether the Delhi Transport Corporation's Millennium Bus Depot is located in Yamuna river bed or flood plains is pending for consideration before the NGT. As and when the matter is adjudicated the master plan should be amended or altered, if it is permissible.
"We consider it appropriate to grant liberty to DDA to alter the master plan if it is permissible and the depot is found to be on flood plain. Subject to such alteration the depot shall not be used for any other purpose," a bench headed by Chief Justice J S Khehar said.

The bench also comprising Justice D Y Chandrachud said, "If the NGT finds that it is river bed then it is the end of the matter, but if it is flood plain then the master plan has to be amended." No construction is allowed on river beds.
The court also asked the transport department to remove the cluster buses parked at the depot as of now by February 4.

The apex court took note of the fact that DTC has handed over the possession of the depot to the Delhi transport department and the arrangement has also been made to hand over the depot 3 and 4 to the department.

The bench said in view of the statements nothing else survives in the petition and is disposed of.
The 50-acre millennium depot was built on the river bank initially as a temporary depot during the 2010 Commonwealth 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.
The apex court had said a chance was given by the Delhi
High Court to the Delhi government and DTC in October 2015 to have the Master Plan of Delhi (MPD) 2021 amended, if it was permissible in law, within six months.

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 games.
The court had noted that a 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".

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 had on October 20, 2015 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.