SYED HASAN RASUL NUMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Delhi Development Authority issued public notice dated 5th July, 1975 stating that the Central Government proposes to make modifications to the Master Plan for Delhi with respect to an area measuring about 3.66 heets (9 acres), known as Dargah Shaheed Khan falling in zone D-5 (D.1.Z. area) bounded by 45.72 meter(1 50 ft.) r/ w Panchkuin Road in the North, 45.72 meter (150 ft.) Ramkrishna Road in the East and residential area in the South-West. It was notified that the land use of this area was proposed to be changed from 'Residential' to 'Recretional (District Park and Open Spaces)and any person having any objection or suggestion with respect to the proposed modifications could seud his objections or suggestions to the Secretary Delhi Development Authority within thirty days from the date thereof.

(2.) The first appellant claims to be a religious and charitable denomination being a dargah of late Hazarat Syed Hassan Rasul-Numa and the second appellant is the Sajjada Nashin (Spiritual pereeptor) of the first appellant. The first respondent is the Union of India. The second respondent is the Delhi Development Authority ("DDA").

(3.) The appellants allege inter alia, that the need of converting the land use from'residential' to 'recreational' appears to be a ruse to deprive the appellants the benefit of their land as there are a number of such recreational parks and open spaces in the vicinity as a mere look at the land use Map of the Master Plan for Delhi and the Delhi Guide Map, 1969 would show. They have named some of the centrally located parks like Budha Jayanti Park, Ravindra Rangashala and its forests, the Talkatora Garden and yet another across the Panchkuin Road.