SURAJ PRAKASH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioners before this Court were occupying shops in Outram Line of Kingsway Camp. A scheme was prepared for redevelopment of Kingsway Camp area known as Kingsway Camp Rehabilitation Scheme. Besides, 233 shops on the main road there were 27 other shops in the area, 11 in Hudson Line, Kingsway Camp and 16 in Outram Line, Kingsway Camp. Initially, the redevelopment scheme was prepared by L&DO and later on it was transferred first to MCD and then to DDA.

(2.) WHILE implementation of the aforesaid scheme to shops No.7 to 16 situated in Outram Line, which were on L&DO land were taken over and alternative plots measuring 50 square yards each were allotted to the occupants of those shops near Banda Bahadur Marg, DTC Depot by way of draw. The remaining six shops bearing shops No.1 to 6 were not taken over at that time since, they were not required for the purpose of the aforesaid scheme. Similarly, the shops on Hudson Line were also taken over and the occupants of those shops were allotted alternative plots in Hudson Line itself. Subsequently, in the year 1994, DDA required the remaining ,,6 shops in Outram Line for the purpose of pushing back shops No.1 to 62. The pushing back of those shops was necessary for the purpose of widening the road. The DDA, therefore, allotted alternative plots measuring 100 square yards each to the occupants of those 6 shops.Initially, DDA had given allotment only to three person but remaining three person then filed a writ petition where an order was passed by the Court for allotting plots to the petitioners before the Court and consequently plots measuring 100 square yards each came to be allotted to the occupants of remaining three shops as well.

(3.) A perusal of the documents filed by the petitioners with their rejoinder would show that a resolution No.243 dated 07.05.1971 was passed by the standing Committee of MCD for allotting shops measuring 100 square yards each to those whose shops were to be demolished. The said resolution reads as under: