VICE ADM S JAIN Vs. M C D

JUDGEMENT

(1.) This writ petition, which was filed in 2001, pertains to narrow strip of land behind plot Nos. 5/27 and 7/19 in Sarva Priya Vihar Colony, New Delhi. The petitioners contend that as per the lay out plan, this strip of land is meant and demarcated as a road/lane. The respondent No.7, Sarvpriya Vihar Cooperative House Building Society and owners of plot Nos. 5/27 and 7/19, respondent Nos. 5 and 6, on the other hand, contend that this strip of land is a green area as per the lay out plan.

(2.) It is not disputed that as per the original lay out plan sanctioned on 21st March, 1973, this strip of land has been shown as an arterial road, which connects the main street Nos. 5, 6 and 7.

(3.) The respondent Nos. 5 to 7 have not been able to place any letter or document on record to establish and show that any request for modification or change of lay out plan in respect of the said strip of land was made and accepted by the Delhi Development Authority (DDA). The said respondents have relied upon two lay out plans enclosed by the DDA along with the letters dated 4th March, 1983 and 16th February, 1985. In the lay out plans enclosed with the said letters, this strip of land has been shown as a green, instead of road which connect road Nos. 6, 5 and 7. The road is shown as ending with street No.5 and, therefore, arterial road does not go on to connect street No.7.