KRISHAN SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a writ petition by two residents of Mohammedpur village. They have filed the writ petition by way of public interest litigation. The petitioners inter alia pray for issuance of a writ in the nature of mandamus to restrain the respondents from interfering with the rights of the petitioners as well as of public at large to the use of 45 feet wide road between Bhikaji Cama Place and Village Mohammedpur for a proper access to the village. The facts and the controversy involved in the case lie in a narrow compass.

(2.) The case of the petitioners is that the villagers of Mohammedpur village had access to a 45 feet wide road shown in the development plan of the village. In course of time, however, a part of the road and some land belonging to the first respondent- Delhi Development Authority (for short 'the DDA') was occupied by Jhuggi dwellers in the year 1989. The encroachments were got removed by the first respondent. Thereafter, a masonry wall was constructed by the first respondent to protect the land from encroachments. The petitioners had been representing to the first respondent that there should be a 45 feet wide public road as per the development plan of Mohammedpur village, but the first respondent in violation of the vested rights of the villagers illegally allotted part of the road, which was encroached by the slum dwellers, along with some other land in the District Centre, Bhikaji Cama Place, to the second respondent-Housing and Urban Development Corporation

(3.) According to the case of the second respondent, plot No. 25 measuring 18,830 square metres located in the District Centre, Bhikaji Cama Place, New Delhi, was purchased by it from the first respondent on 7/07/1989. The layout plan of the District Centre was duly approved subsequent to the alleged approval of the layout plan of Village Mohammedpur. In the layout plan of the District Centre, no road has been provided for giving access to the villagers of Mohammedpur. As per the affidavit of Delhi Development Authority filed on 22/11/1999, the Delhi Urban Arts Commission approved the layout plan of the District Centre, Bhikaji Cama Place, on 29/08/1979 and the District Centre was developed strictly in accordance therewith. According to the affidavit, there is a road of about 45 feet wide adjacent to R.K. Puram side which forms part of the village and runs parallel to the District Centre side. That apart, there are other accesses to the village from this road. The affidavit also goes on to state that there are two major entrances to the village from the side of Africa Avenue as well.