SHANTI JANAK SACHDEVA EDUCATIONAL SOCIETY Vs. DDA

JUDGEMENT

(1.) The petition impugns the communication dated 3 rd July, 2009 of the respondent no.1 DDA cancelling the allotment earlier made in favour of the petitioner of an additional strip of land ad measuring 111.65 sq. mtrs. abutting the land ad measuring 997 sq. mtrs. still earlier allotted to the petitioner for the purpose of a Nursery School in Pocket-D, Dilshad Garden, Delhi.

(2.) Notice of the petition was issued and recovery of possession from the petitioner of the said 111.65 sq. mtrs. of land stayed vide order dated 14 th July, 2009. The Residents Welfare Association (RWA) of Pocket-D, Dilshad Garden, Delhi applied for impleadment and was impleaded as respondent no.2 vide order dated 1 st June, 2010. Counter affidavits have been filed by the respondent no.1 DDA and the respondent no.2 RWA. Rule was issued in the petition on 4 th April, 2011 and the interim order earlier granted made absolute.

(3.) It appears that the petitioner, after the allotment of 111.65 sq. mtrs. land in its favour, applied for and obtained sanction from MCD for raising construction on the entire land i.e. 997 sq. mtrs. plus 111.65 sq. mtrs. Upon cancellation of allotment with respect to 111.65 sq. mtrs., MCD revoked the said plans. The petitioner applied for impleadment of MCD as respondent no.3. Interim order restraining the MCD from taking any action was also sought. MCD was on 7 th July, 2011 impleaded as the respondent no.3 and on the condition that the petitioner shall not raise any construction and not do anything in pursuance to the sanction which had been revoked, respondent no.3 MCD restrained from revoking the plans for construction already sanctioned.