LAWS(DLH)-2004-1-20

PAWAN BHASIN Vs. M C D

Decided On January 21, 2004
PAWAN BHASIN Appellant
V/S
D.D.A. Respondents

JUDGEMENT

(1.) The Petitions be given their separate numbers corresponding to the number of Petitioners.

(2.) The grievance of the Petitioners is that the Navjivan Cooperative House Building Society Limited (the 'Respondent Society' in these cases) is intending to carry out construction of the Community Centre in Plot No.50, Navjivan Vihar, New Delhi. The Petitioners apprehend that since the colony road is a cul-de-sac, there will be rampant parking by persons who are not residents of Plot No.45-49 or their visitors. It is further complained of that there are likely to be numerous celebrations in the Community Centre causing noise pollution and other nuisances. It is also contended that although plot No.50 had originally been designated for a community centre in the Layout Plans, another plot bearing No.130 had been permitted by the D.D.A. to be used by the Society for the purpose of the Community Centre, in lieu of plot No.50. It is not in dispute that the Office of the Society is presently located in plot No.130. The stand of the Respondent Society is that the plot is a small one and is insufficient for use as a Community Centre. It is also not in dispute that on being permitted to use plot No.130 as the Society's office, the Society had specifically given up its rights to the use of plot No.50 as a Community Centre. These events transpired in Circa, 1982.

(3.) The Petitioners contend that in September, 1983 the D.D.A. rejected the request of the Respondent Society to allot plot No.50 also for the purpose of community facilities. In 2001, the D.D.A. (Institutional Branch) proposed the allotment of plot No.50 ad measuring 644 sq.yards but without alluding to the said number. The possession of the plot was handed over to the Society which thereafter presented its construction Plans for sanction by the Authorities. The Delhi Fire Service granted its No Objection Certificate to the Plans in June, 2001 and the M.C.D. sanctioned the Plans in November, 2001.