SAMIR KOHLI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioners, in these proceedings, under Article 226 of the Constitution of India, seek this Court to direct the Central Government and the Delhi Development Authority (hereafter referred to as "DDA"), to develop and carve-out 127 plots out of the land earmarked for public facilities, but rendered surplus in terms of the norms fixed under the Delhi Master Plan, 2001. After the Court issued Show Cause Notice in the Writ Petition, it transpired that the Central Government had directed withdrawal of its earlier direction by Order dated 07.01.1998. THErefore, the writ petitioners sought for amendment of the pleadings, to include the quashing of the decision dated 07.01.1998 whereby the Central Government had withdrawn the earlier direction to the DDA, on 12.01.1994. A Division Bench of this Court, however, by its order dated 27.04.1998 dismissed the amendment application and also rejected the Writ Petition, stating that the basis for the claim did not subsist since the Central Government had withdrawn its earlier directions to the DDA.

(2.) THE writ petitioners had approached the Supreme Court, feeling aggrieved by the rejection of their petition. By order dated 21.09.1998, the Supreme Court allowed the Special Leave Petition and required that the present petition be restored to the file and be heard on merits.

(3.) IT was stated that the DDA's rejection was not deemed final because the matter engaged the attention of the Central Government, which by its letter dated 10.09.1993 required the examination of the case afresh and called for the records. IT is in these circumstances that on 09.06.1994, the Central Government directed DDA not to dispose of the alleged surplus land, till final decision is taken.