PARVEEN KUMAR Vs. M C D

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution, the relief claimed is quashing of a decision of the Municipal Corporation of Delhi (MCD) declining a request for permission to construct a Motel, based upon a letter dated 17.01.2003 issued by the Delhi Development Authority (DDA).

(2.) The petitioner owns 14 bighas and 16 biswas of land in Village Mundka, Delhi. On 16.06.1995, DDA issued a notification allowing construction of Motels in rural zones/green belt subject to certain conditions. The petitioner applied for sanction of plans for construction of a Motel on the basis of that notification. It is claimed that as per the guidelines contained in that notification of 1995, the petitioner s lands fall in the rural zone and are otherwise eligible for onsideration in terms of the notification; and that it fulfills all the conditions necessary for approval of building plans for the purpose.

(3.) MCD issued a notice under Section 333 of the Delhi Municipal Corporation Act to the petitioner for compliance of various conditions spelt out. It is averred that these conditions were complied with. MCD thereafter wrote on 17.10.2002 to the DDA eliciting a response from the latter whether there existed any approved scheme of DDA covering the lands on which the Motel was sought to be constructed /put up.