KANHAIYA LAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has preferred this petition under Article 226 of the Constitution of India seeking issuance of directions in the nature of writ of prohibition to restrain the respondent/Delhi Development Authority ["DDA"] from constructing a boundary wall on an open space adjoining his house bearing Plot No. A-124, Lajpat Nagar-IV, New Delhi, which is claimed to be a corner plot, so as to block door and windows of his three-side open plot/the last house in a row of houses.

(2.) At the outset, the issue that arises before this court for a decision is: whether the proposed action of the respondent DDA to construct a wall and the apprehension of creation of third-party interests on the open strip of land adjoining Plot No. A-124, Lajpat Nagar-IV, New Delhi, which is envisaged to be used and allotted for residential purposes is in violation of the terms and conditions of the initial allotment and in violation of Zonal Development Plans.

(3.) Briefly stated, it is admitted that the Ministry of Rehabilitation1, which merged with the Ministry of Home Affairs, allotted the land to the petitioner's father, a migrant from Pakistan, under the Administration of Evacuee Property Act, 1950, and the Displaced Persons (Compensation and Rehabilitation) Act, 1954. Accordingly, vide an order dtd. 7/1/1958 of the Office of the Housing and Rent Officer cum Additional Settlement Commissioner, the father of the petitioner, namely Shri Sewa Ram was allotted two adjacent plots, House No. A-123 and A-124, in Block IV-A, Lajpat Nagar- IV, based on a regularized layout plan maintained by the Municipal Corporation of Delhi ["MCD"]. Evidently, the plan dtd. 3/1/1961 depicted the plot numbers in sequence viz., A-1 to A-150, B-1 to B-150, and so on, including roads, school land, open spaces, and parks, following prevailing rules and regulations. It is the case of the petitioner that at the time of allotment in 1958, the regularized layout plan of Lajpat 1 MOR Nagar-IV explicitly delineated which plots were two-side open, three- side open, or end houses. The government authorities permitted owners to select their plots in accordance with the allotment policy of the Ministry of Rehabilitation, which stipulated that three-side open plots or end houses were priced at Rs.1440.00, while two-side open plots were priced at Rs.1350.00, thereby including a premium of Rs.90.00 for the three-side open plots. Accordingly, the owners of plots A-123 and A-124 were allocated two adjacent plots of 100 square yards each: