SUDESH SOLANKI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS intra Court appeal is directed against the order dated 18.07.2012 passed by the learned Single Judge dismissing the writ petition filed by the appellant. The appellant is the owner of the land measuring 8 bighas and 19 biswas in Khasra No.59/13 and 14 situated in the revenue estate of Village Jaunti, Delhi. On coming to know of an advertisement dated 02.11.2004 that IBP Company Limited wanted to allot retail outlet for sale of petrol/diesel, the appellant made an application with the IBP Company Limited for allotment of retail outlet in the land in question. As the land was classified as 'agricultural land' an application was made by IBP Company Ltd requesting from Delhi Development Authority (DDA) for conversion of that land to commercial purpose and also requested ,,NOC. The request was rejected by the DDA vide their communication dated 16.07.2007 on the ground that the site in question proposed for locating petrol pump falls in 'green belt' as per the MPD-2021 and the petrol pump cannot be permitted to be located in 'green belt'. The request for NOC was also rejected on the ground that the land falls in the Zonal Developmental Plan of Zone-,,N in which zone, location of fuel station was not permissible.

(2.) THE said order was questioned by the appellant herein unsuccessfully in the writ petition. The core contention of the appellant was that on the basis of a recommendation of the technical committee for grant of NOC in respect of three cases which were similarly placed, this Court by order dated 21.05.2008 made in W.P.(C) No.2703/2007 etc. directed the DDA to consider the cases of the petitioners in paramateria with the cases of other three parties who were accorded approval. The learned Judge having noticed that the said judgment was "a judgment in personam" and not "a judgment in rem", rejected the contention particularly by following a later decision of the Division Bench of this Court made in LPA No.169/2011 titled Chander Meenakshi Vs. DDA & Anr. decided on 12th October, 2011.

(3.) IT is not in dispute that the land in question is classified as 'agricultural land' and location of petrol pump is a commercial activity. In the event an agricultural land is to be utilized for commercial purpose, no objection certificate from DDA is required. The request for no objection certificate was rejected mainly on the ground that the land falls under 'green belt' as per MPD-2021, particularly under Zonal Development Plan of Zone- ,,N. The Master Plan is not an issue before us as it has not been questioned. In that event, DDA is bound by the Master Plan. It is not in dispute that, as per the Master Plan, location of a petrol pump is not allowed on a land falling under 'green belt'. Equally, such location of a petrol pump is also not permissible in the event the land in question falls under Zonal Hence, there is no right either in the Development Plan of Zone-,,N. appellant or the IBP Company Limited to seek for NOC as a matter of right.