CHANDER MEENAKSHI Vs. DDA

JUDGEMENT

(1.) THE 3 appellants have a grievance pertaining to DDA deferring or rejecting their application(s) for setting up a petrol pump on the subject lands acquired by the appellants. THE battle has been lost before the learned Single Judge when writ petition filed by appellants Chander Meenakshi and Yogesh Paliwal were dismissed vide order dated 17.1.2011 and the writ petition(s) filed by appellant Tara Chand was dismissed vide order dated 29.3.2011; which order has simply followed the reasoning contained in the order dated 17.1.2011.

(2.) THE legal issue which arises for consideration in the 3 appeals was settled by the predecessor Division Bench as per order dated 26.7.2011,0 wherein it was recorded that the issue falling for consideration in the appeals is whether establishment of petrol pumps in Delhi is covered by paragraphs 12.12.1 and 12.12.2 of the Master Plan of Delhi 2021? and not by the regulations framed in the year 2005.

(3.) IT is not in dispute that the Master Plan for Delhi 2001 i.e. the previous Master Plan before Master Plan for Delhi 2021 came into force contained no provisions for setting up petrol pumps in Delhi and the field was occupied by the Regulations notified in the year 2005. Further, it is not in dispute that as per the Delhi Development Act 1957, the Master Plan for Delhi is a statutory plan and has the force of law. Thus, the issue of law settled vide order dated 26.7.2011 is a simple task to be performed.