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J U D G M E N T CIVIL APPEAL NO. 2520 OF 2007 (Arising out of S.L.P.(c) No. 4909/2006) ALTAMAS KABIR, J.

Leave granted.

2. This appeal involves the apprehension of serious traffic problems by the residents of Greater Kailash Part -II, Alaknanda Complex, Mandakini Enclave and Chittaranjan Park on account of the change of user of the plot situated at the junction of Outer Ring Road and the main entry point to the aforesaid colonies on which the Savitri Cinema is located. The said plot, (hereinafter referred to as the 'Savitri Plot' ), though situated in a residential area, was earmarked as a cinema complex in the Delhi Master Plan at the initial stage when Greater Kailash Part -II was being developed.

26. Once the construction was commenced, the members of the Appellant's Association claim that they came to learn of the proposal for conversion of the Single Screen Cinema Hall into a four-screen multiplex together with a commercial complex which would give rise to grave problems for the residents of G.K.-II, Alakanda, Mandakini Enclave and Chittarajan Park in entering and moving out from the colonies through the T-Junction, where the Savitri Cinema Hall is situated, on account of the traffic congestion likely to be caused by visitors to the renovated complex. Accordingly, on 10th September, 2003, the Association addressed a letter to the Commissioner, Municipal Corporation of Delhi, indicating the difficulties that would result on account of a single entry and exit at Savitri Point, to and from the above-named colonies in the event the proposal for renovation of the Savitri Complex was allowed to stand.

35. Mr. Lalit suggested that the question of constructing an underpass to avoid the T. Junction could be considered by the Delhi Development Authority while considering the questions relating to traffic congestion referred to above.

36. Mr. Lalit lastly contended that although the High Court had held that the writ petitioners were guilty of laches on account of the fact that the sanction to the renovation plan had been granted in the year 2002, whereas the writ petitions had been filed in the year 2004, in actual effect, the writ petitioners were initially unaware of the nature of the building which was to replace the existing Savitri Cinema Hall and once they came to learn of the actual plan, they raised objections to the concerned authorities from September, 2003, but in the absence of any positive response, they were compelled to file writ petitions in order to prevent a disaster in the making while it could still be prevented. Mr. Lalit urged that the DUCA, which was required to consider the effect of building operations on any public amenity provided therein could be directed to give the writ petitioners a fresh hearing so that the problem which was looming large could be addressed.

48. What transpires from the submissions made on behalf of the appellant-Association is its apprehension of serious traffic problems if the respondent No.1 is permitted to use the Savitri Cinema Complex for the purposes mentioned in the sanctioned plan without suitable modifications. On the one hand, the owners of the Savitri Plot have obtained requisite sanction under the relevant Rules and Regulations and Building Bye Laws to convert the existing single-screen cinema hall into a mini cinema hall -cum commercial complex. There is no denying the fact that the respondent No.1 has complied with all the requirements of the law for the aforesaid purpose. On the other hand, there is a real apprehension on the part of the appellants that the approach to the above-mentioned colonies will be completely choked on account of the traffic congestion that is likely to be caused as a result of the number of visitors who are likely to visit the renovated complex which will consist of not only a cinema hall, but a six-storeyed building dedicated to commercial activities. The respondent No.1 has complied with the parking standards prescribed under the Building Bye-Laws, the Delhi Master Plan and the Cinematograph Rules and as pointed out by Mr. Arun Jaitley, even more space than what was required under the Rules have been set apart for the purpose of parking so that congestion at the T. junction is avoided, notwithstanding the number of visitors to the renovated complex. However, the problem that is envisaged by the residents of the aforesaid colonies is not only the parking- related problems, but the problems resulting on account of the increased flow of vehicles at the T. junction. It is such apprehension that has led to the filing of the writ petitions by the residents of the aforesaid colonies.