GUR PARTAP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is owner of land measuring 1.5 hectares situated in Village Sultanpur, New Delhi. The petitioner is aggrieved by refusal of the respondent authorities to permit the petitioner to construct a motel on the land in question.

(2.) A Gazette notification was issued on 16.6.1995 in Gazette No. 350 of 17.6.1995 by Delhi Development Authority (in short, 'DDA') for amendment of the Master Plan in terms whereof motels were permitted in rural zones / green belts and in commercial zones and national highways and inter-State roads as defined in the notification. The Gazette notification further prescribed in terms of para 4(xi) that "all permissions and clearances for use of land, which are usually required, in connection with approval or sanction for development, shall be obtained from the prescribed authority".

(3.) The Ministry of Urban Affairs and Environment issued a clarification dated 13.1.1999 in respect of the aforesaid subject matter. The relevant portions of the said circular are as under: "(i) The Master Plan amendment dated 15.6.95 issued by this Ministry incorporating motels as a permissible facility within NCT of Delhi is defined a motel a premises designed and operated especially to cater to the boarding, lodging, rest and recreation and related activities of a traveller by road, regarding use attributed to motels, the type of motels contemplated in NCT of Delhi within the framework of notification dated 15.6.95, should essentially be considered for recreation and leisure. As such, these motels will fall within the permissible use, i.e., category 8 under green belt/green wedge vide para 13.6(v)(b) of the Regional Plan 2001 of the National Capital Region. This is especially true in the case of those motels since they can have a maximum used coverage of 15% with low height structures not exceeding 9 metres and with about 85% of the area being developed as green space for recreation and leisure of the user. Accordingly, the setting up of these motels within the areas designated as green belt/green wedge in the NCT of Delhi would not constitute a change of land use. (ii) Regarding levy of a fee, it was agreed that since conversion of land use is not involved, therefore, conversion charges need not be levied. However, in order to enable the local body to mobilize necessary funds to provide for the infrastructure in the form of road widening and maintenance, extra pressure on ground water, power supply, etc. and basically to permit the owner to utilize the land for a higher value, a 'Use Permission Charge' may be levied. (iii) it was agreed that there has been a lot of confusion amongst the applicants for motels whose applications are pending with MCD. Hence DDA may issue a letter to MCD clarifying that based on the notification amending the Master Plan dated 15.6.95 issued by this Ministry and notification dated 16.6.95 issued by DDA laying down norms for a motel, no further approval of DDA is necessary. MCD may, therefore, be advised by DDA to examine the application and take suitable action on the basis of the above mentioned notifications and the present clarifications." Copies of the aforesaid letter were marked to all the relevant authorities including Municipal Corporation of Delhi (in short, 'MCD')