KSB EDUCATIONAL AND HEALTH CARE SOCIETY Vs. MCD

JUDGEMENT

(1.) The present petition is filed by the Petitioner/Society praying inter alia for directions to the Respondent/MCD to approve the layout plans of a Dispensary-cum-Health Clinic-cum-Hospital on a piece of land measuring 1 Bigha 15 Biswas situated in Khasra No. 1171/480/21/3 min. in the revenue estate of village Sadhora Khurd, Kali Dass Marg, Sarai Rohilla, Delhi, owned by the Petitioner/Society. The Petitioner/Society has also sought compensation of '10 lacs from the Respondent/MCD for the harassment caused to it and for not sanctioning the layout plans submitted by it.

(2.) At the outset, the counsel for the Petitioner/Society submits that he does not wish to press prayer (ii) of the writ petition and would like to confine the scope of the petition to the relief mentioned in prayer (i) alone.

(3.) Briefly stated, the facts of the case are that in October 1995, the Petitioner/Society submitted layout plans to the MCD for approval, for the construction of a charitable Dispensary-cum-Health Clinic-cum-Hospital at the subject land, which was owned by one Smt. S.D. Gupta, a member of the Petitioner/Society, who had offered her land to the Petitioner/Society by executing a Gift Deed. Correspondence was initiated between the Petitioner/Society and the Respondent/MCD on the aforesaid layout plans. Vide letter dated 29.11.1995, the Respondent/MCD raised certain queries and demanded some documents. The queries were replied to by the Petitioner/Society. Correspondence continued between the parties right upto March 2004, when vide letter dated 11.03.2004 (Annexure P-20), Respondent/MCD informed the Petitioner/Society that its proposal for approval of layout plans could not be accepted as the ownership of the land in question was not in the name of the Petitioner/Society. To overcome the aforesaid difficulty, the Petitioner/Society approached Smt. S.D. Gupta, who subsequently executed a Sale Deed dated 27.05.2005, transferring the land in question to the Petitioner/Society. Thereafter, the revenue authorities mutated the land in favour of the Petitioner/Society on 23.06.2005.