K S NALWAYA Vs. D D A

JUDGEMENT

(1.) This appeal is preferred against the order made by the learned Single Judge in CMs No. 1321-22/2002 and in CW 2943/88 on 20th August, 2002. It is required to be noted that the writ petition was dismissed for non- prosecution on 9th August, 1999 as the Court found that nobody was appearing since 15th September, 1998. The writ petition was listed on four occasions on 15th September, 1998, 17th September, 1998, 11th November, 1998 and 18th January, 1999. On all these dates neither the appellant nor his counsel bothered to appear before the Court. Despite this it appears that the civil applications were filed for recalling the order and condonation of delay in filing the applications, as the applications were beyond time. The same were filed after a period of about 2 years and 3 months.

(2.) It was submitted that 32 flats had been constructed and that the same would burden the civil services even further. Learned Single Judge considering the submissions held that delay is not required to be condoned. Huge amount had been spent for construction of building for the benefit of citizens.

(3.) We have heard learned counsel on merits. His contention is that the area where flats are constructed by the respondent-DDA is in clear defiance of provisions contained in the Delhi Development Act, as the land in question is shown for green park. He has relied upon the brochure issued by the DDA to show that it is a green park and therefore, construction cannot be made there. Reliance is placed on the brochure as well as the affidavit filed by the DDA. On behalf of the DDA it is averred in the affidavit sworn by Ms. Janak Juneja, Secretary, Delhi Development Authority, on 22nd May, 1989 in paras 7 and 8 as under:-