A special Bench headed by Justice Arijit Pasayat was hearing petitions challenging the Master Plan 2021 and the misuse of premises in residential areas. “Instead of focusing on deficiencies, we may focus on solutions,” the court remarked, admitting probably for the first time, that the problem was not merely “technical or legal” but “humane”.

The court observed that the National Capital Region Planning Board (NCRPB) — formed for the very purpose of decongesting Delhi and developing ring towns — had failed in its duty. The judge said the first Master Plan of Delhi in 1962 had contemplated to move people out of the Capital, but that has not been so. Population has continued to burgeon in the city, he added.

The Bench, also comprising Justices C K Thakker and L S Panta, put forth an opinion for this — albeit in a lighter vein — “Maybe more people want to suffer Capital punishment. If you want to starve, starve in the Capital. We know and realise that a Delhi address is any day valued better than one in Noida.”

Solicitor General G E Vahanvati then demurred that preventing people from settling in a place of their choice would violate their fundamental rights. But the court asserted: “We agree there is a right to stay anywhere but at the same time, there’s equal right to basic infrastructure facilities.” It noted that the move to relocate industries outside Delhi in 1995 had not helped to ease pressure either.

The Bench said this problem should be solved jointly by the NCRPB, the Delhi Development Authority, the municipal corporation and the New Delhi Municipal Council. It said these agencies need to take a fresh look at the Master Plan 2021 and the Regional Plan 2021 that aim to decongest the city. The court directed the NCRPB and the government to explore whether these two plans could be reconciled in this attempt.

It also asked NCRPB to examine the “feasibility” of shifting offices and residential complexes in Delhi to neighbouring areas like Faridabad, Noida, Ghaziabad and other regions.

The judges appointed the joint secretary of the Ministry of Urban Development to act as convenor of these proposed “meeting of minds” and gave government bodies till the second week of August to come up with ideas on how to decongest Delhi. The hearing has been adjourned till August 25.