DEFENCE COLONY ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH these writ petitions WP(C) 1288 of 1984 and WP(C) 1342 of 1984 are disposed of by a common order as facts involved are similar and the relief claimed are also similar except that the Municipal Corporation of Delhi has also been impleaded as a party in the WP(C) 1342 of 1984. First petition is by the association of residents of 'A Block whereas the second petition is filed by some of the residents of 'A Block of Defence Colony. The petitioners seek transfer of land admeasuring about 2.8 acres at nominal price in Defence Colony in their favor and cancellation of allotment/sale of land in favor of Delhi Childrens Theatre Group and not to construct any theatre building on the land allotted to them. . The petitioner is a society duly registered under the Societies Registration Act, 1860 and is a representative body of the residents of ,,Block A of Defence Colony, New Delhi. Sh. N.S.Suri, General Secretary of the petitioner is alleged to be duly authorized and empowered to institute and file the present petition in terms of the resolution dated 13th May, 1984.

(2.) THE petitioner is seeking issuance of a writ of mandamus directing respondents nos. 1 and 2, Government of India and Land and Development Officer, to transfer the plot of land admeasuring 2.8 acres shown in red in the site plan annexed with the petition, in favour of the petitioner association and also for quashing of sale/transfer of the plot admeasuring 0.72 acres in favor of the respondent no.3, Delhi Children Little THEatre, by respondent no.2, Land and Development Officer, and also prohibiting respondent no.3 from raising a theatre building or any other construction on the plot.

(3.) ACCORDING to the petitioner the respondents are under an obligation to transfer the said land to the petitioner association either free of cost or on payment of a nominal rate of Rs 5000/- per acre in terms of the press note issued in 1965. The petitioner contended that since the plots were purchased by the petitioner on the representation of the respondents that there would be a JCOs club in the area, consequently, the principle of estoppel would be applicable and the respondents are estopped from resiling from its earlier representation and they cannot sell the said land to any other agency or organization.