GYAN PRAKASH SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The doctrine of deemed fictions in any field of activity is pressed into service by way of statutory provisions to inject speed in decision making process and is the fiction of law by which mere lapse of time leads to sanction by operation of law which is exactly identical to actual legal sanction. The obvious object is to eliminate delay, deep seated civic apathy and keep the authorities on tenter-hooks for expediting the process and keep them awake before they go into soporific slumber. That is why it is well established that all deemed fictions must be given full and exonerable effect and the same force as the statutory provisions, otherwise it would lead to startling consequences and would eliminate the very concept of deemed fiction.

(2.) Here is a plaintiff/applicant who seeks interim injunction against the defendants restraining them from obstructing or creating any hindrance in construction work of , Motel on National Highway No.8 ( in-short NH-8) on the doctrine of 'deemed sanction' of his building plan as contemplated by bye-law 6.7.4 of the Delhi Building Bye-laws, 1983(in short BBL). Bye-law 6.7.4 provides as under:-

(3.) Vide notification dated 16.6.1985 the defendant permitted construction of Motels in the rural zone/green belt and in commercial zones on National Highways and Interstate Roads which directly connect the National Capital Territory with neighbouring State of a minimum width of 20 meters for service roads running parallel to them. Certain norms and building standards were also laid own with regard to these Motels. Some of these are as under: i) Planning permission fee as applicable to the site shall be deposited as per the rates notified by the Ministry i.e. (a) for Ist ha.= Rs.20 lakhs (b) for 2nd ha.=Rs.lO lakhs and (c) for 3rd ha and onwards = Rs.5 lakhs. ii) Development control norms for construction of the Motel shall be as per notification no.K-llOll/ll/70-DDIB/VA/IB dated 16.6.1995 issued by the Ministry of Urban Development. iii) The proposal shall ensure the prescribed green buffer on either side of the approved right of way of N.H.8. iv) The building plan Shall be as per the provisions of prevailing norms/building bye laws. v) The minimum size which makes eligible for Motel is 1.00 hectare. It shall be ensured that the area of site is 1.00 hectare and the existing petrol pump on part of this land shall be demolished. vi) The four conditions specified by the NHAI vide letter No.l3011/1/98-PU/Tech. dated 1.9.2000 shall also be complied with. ECS means Equivalent Car Space.