RAVI KHANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) The respondent DDA has sanctioned construction of 'New Friends Club' on a plot of land between the Community Centre Friends Colony, New Delhi and 'C' Block of the said colony. The petitioners challenge the permission granted by DDA to construct the said club on the said plot of land as being violative of Section 14 of the Delhi Development Act, 1957 (hereinafter referred to as 'the Act') as well as the Master Plan, 1957 (hereinafter referred to as 'Old Master' Plan). According to the petitioners, the plot of land in question on which the club building has been sanctioned is supposed to be an open area/land. The question involved in the petition, therefore, is as to what is the permissible land use in respect of the plot of land in question.

(2.) The petitioners I to 3 are residents of 'C' Block, Friends Colony, New Delhi and petitioner No. 4 is the Welfare Association of the residents of G-Block in Friends Colony. It is not known whether petitioner No. 4 is a 253 registered body but nothing will turn on this. However, all the petitioners challenge the use of the plot of land in question for building a club house .known as 'New Friends Club' as being in violation of the land-use permissible by law. It is also the case of the petitioners that this plot of land is earmarked as a public park and it was so developed by the respondent/DDA. The petitioners have pointed out that earlier a request had been made on behalf of New Friends Colony Housing Society for permission to construct a club on the said land and this request was not granted. The petitioners have annexed "draft minutes" of the meeting of the Institutional Allotment Committee of the DDA, held on 148.86 at 12.00 noon where Item No. 16 is the decision on that request. On that date the committee had .decided that the solely should be asked to make provision of land for a club within the society's land.

(3.) the petitioners contend that the society known as New Friends Colony Housing Society has been developed on an are.i of 226 acres and as per the lay out plan of the said colony, schools, parks and other community facilities as per the standard laid down by the master plan are shown in the said lay out plan which has been duly approved by the respondent/DDA. According to the petitioners a club is also one such community facility which .must come up within the lay out plan of this colony where community cum recreation facilities for the residents of the colony have to be provided. According to the petitioners a club can be made in a residential area.