SC issues notice to Centre, Delhi Govt on petition to bar entry of vehicles inside Sunder Nursery

The Delhi High Court on Monday issued notice to the Centre and the Delhi Government on a petition seeking to immediately stop entry and parking of vehicles inside the Sunder Nursery in the Nizamuddin area here beyond the Mughal Pavilion as it is endangering the fauna and flora, heritage trees and the biodiversity due to vehicular emission and pollution.

The PIL has sought a direction to the respondents to immediately stop the entry and parking of vehicles inside the Sundar Nursery beyond the Mughal Pavilion and restrict parking to the designated parking area at the entrance of Gate two and, at the most, up to the parking area opposite the Mughal Pavilion.

It also sought a direction to the respondents to ensure the protection of the national bird that is the peacock, other fauna and flora, heritage trees and the biodiversity of the Sundar Nursery.

It also sought to completely close vehicular access other than to emergency vehicles and service vehicles attending to the biodiversity zone and construction of the arboretum, on the entire stretch of the peripheral road from the Mughal Pavilion onward.

It urged the court to impose a littering fine on visitors and to explore eco-friendly alternatives such as commercial battery-operated vehicles for pick up and drop off at designated spots for those needing assistance and suitable carriers for plants.

"The Sundar Nursery is a heritage park and an extension of Humayun's Tomb, a United Nations Educational, Scientific and Cultural Orgzation (UNESCO) World Heritage site, and deserves equal importance as its parent site as regards preservation and protection of it and the sanctity thereof", the PIL said.

A Division Bench headed by Chief Justice DN Patel asked the Centre, Delhi Government, Central Public Works Department (CPWD), Nizamuddin Urban Renewal InitiativeAga Khan Trust for Culture, Archaeological Survey of India, South Delhi Municipal Corporation and the Aga Khan Development Network to file on the petition.

The matter has been listed for further hearing on March 25.

The court was hearing a petition filed by lawyer Binny Kalra, a resident of Nizamuddin here through advocates Aman Bhalla, Aastha Dhawan and Aditya Raj.

The PIL also sought a direction to the respondents to put a strict upper limit on vehicles that are allowed to park inside the Sundar Nursery and even to ensure orderly vehicular movement inside the park with speed monitors and heavy fines for any vehicle blowing a horn or driving at a speed in excess of 20 km/hour.

The petitioner has urged the court to issue directions to immediately stop the work of creating more parking spaces along the peripheral road of the park and not to permit vehicles to be parked in the Sunder Nursery area.

( With inputs from ANI )