MEHMOOD ZIA Vs. NEW DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) Rule. With the consent of he parties writ petition is taken up for disposal.

(2.) The petition has filed this writ petition aggrieved by the rejection of the plans by the respondent vide their letter dated 5.11.1992. The plans had been rejected by the respondent NDMC on the ground that the party had not submitted any proof of ownership of land or L & DO. Further that one of the trees on the plot was coming in the way of the proposed construction and for felling of which permission of the competent authority was required. Objections were raised with regard to betterment charges and the plans needing correction.

(3.) Learned counsel for the respondent further submitted that while the other objections could be met by the petitioner, the one of prime importance was the petitioner's failure to furnish the proof of ownership of land. Learned counsel for the petitioner submits that it is not the province of the NDMC to insist on proof of ownership as a pre-condition for sanction of the plans. He submits that this is not the requirement under Section 189 of the Punjab Municipal Act as was applicable to the plans under consideration. Section 189 sub-section (3) provides as under :-