POCKET B MIG FLATS WELFARE ASSOCIATION Vs. DDA

JUDGEMENT

(1.) HON'BLE MR. JUSTICE

(2.) JUDGEMENT 1. Since July, 1995 the petitioner has been representing to the respondent-DDA for allotment of an alternate site for Community Hall, as the site earmarked by the respondent �DDA for the Community Hall had a high tension line passing over the proposed Community Hall with DESU Sub-Station adjoining it. According to the petitioner, during years from 1996 till the year 2000, the petitioner had been making Representations (Annexure-4 to Annexure-6) and in May, 2000, Lieutenant Governor of Delhi had ordered that the defunct DDA office plot in MIG Flats, Pocket- B, East of Loni Road, Delhi be transferred to MCD Delhi for construction and use as a Community Hall by the petitioner and to seek its implementation, petitioner had made a detailed Representation (Annexure -7) to the respondent-DDA and despite correspondence (Annexures- 8 to 14) during the years 2001-02 and subsequent Representations (Annexures- 15 to 17) in the year 2003, the petitioner could not secure an allotment of the Community Hall. After handing over of the land by the respondent- DDA to the MCD in November, 2004, the petitioner claims to have learnt that the land of DDA's defunct office earmarked for Community Hall, is going to be allotted to Ravi Bharti Shiksha Samiti and so the petitioner has come up with this petition.

(3.) WITH much vehemence, it was contended by learned counsel for the petitioner that when it was provided in the brochure (Annexure-1) that there would be a Community Hall for the MIG Flats, then the direction of the Lieutenant Governor of Delhi issued in December, 2000, as noticed in respondent's Communication (Annexure-9), is required to be implemented in its true letter and spirit and the respondent cannot be now permitted to take a stand that subsequent policy decision (Annexure R-1) prohibits it and so, this petition deserves to succeed.