New Delhi: DDCA on Friday moved Delhi High Court for restoration of its 1997 plea seeking a no objection certificate (NOC) from MCD for the Ferozshah Kotla stadium which has been denied clearance as it was within 100 metres of a monument, Kotla Baoli.
Delhi and District Cricket Association (DDCA) had in its petition also sought direction to the Municipal Corporation of Delhi to restore the stadium's sanctioned plan.
A bench of Chief Justice G Rohini and Justice Jayant Nath refused to pass an interim order on the application, saying the matter has to be heard by a special bench and listed it for hearing on February 26.
The petition had challenged a June 1992 notification of Archaeological Survey of India (ASI) as per which construction within 100 metres of a monument, in present case was the 'Kotla Baoli', is prohibited.
As per DDCA's petition, only the outer parapet wall of the monument was at a 100 meter distance from the stadium and not the actual monument. It had also said there was a road between the monument's wall and the stadium.
The petition was dismissed in 2013 for non-prosecution, but was allowed to be revived if DDCA's paid Rs 10,000 as cost each to the MCD, Ministry of Urban Affairs and Employment, Delhi Urban Arts Commission and ASI.
When the matter was listed for hearing on April 21, the court was informed that the costs had not been paid and thus, the matter was again dismissed.
DDCA in its restoration application, filed through advocate Sangram Pattnaik, has claimed the costs were paid on January 15 and the authorities had accepted the same.
During the brief hearing, Pattnaik claimed that if the petition was not restored the association "would suffer irreparable loss and injury".
It was also submitted that before the last date of April 21, 2015, there was a change in counsel of DDCA and hence, there was some delay in reconstructing the case file.
In its petition, DDCA had contended that under the master plan for Delhi, Ferozshah Kotla grounds have been earmarked as a cricket ground.
It had also contended that the stadium was built with the permission of MCD and the ministry and the only change made thereafter was adding of one more floor to the R P Mehra block of the stadium.