VIVEK VIHAR RESIDENTIAL ASSOCIATION REGD Vs. NIWAS SHARMA

JUDGEMENT

(1.) By a separate judgment delivered today in L.P.A. No. 91/86 and L.P.A. 33/87 we have allowed the appeals and remanded the matter back to Delhi Development Authority for further consideration. Residents association has complained that the Samiti and its office bearers Lave committed breach of court's orders and are in contempt.

(2.) As to how the contempt is alleged to have been committed it may be necessary to refer to facts of the case in brief. The Samiti filed a writ petition under Article 226 of the Constitution seeking to have the letters dated 26 July 1985 and 13 January 1986 of the D.D.A. quashed. The Samiti sought a further direction that D.D.A. be restrained from taking any action contrary in the matter of allotment of 4.03 acres of land to the school and also sought writ of mandamus directing the D.D.A. to sanction the building plans submitted by the Samiti in December 1984 (1985).

(3.) The land was allotted to the Samiti in three lots. It is the third allotment of 2.69 acres which is in dispute. By letter dated 25 July 1985 the D.D.A- informed the Samiti that on the plot of land of 2.69 acres allotted and handed over to it on 15 July 1985 partly for institutional building/party for play ground, no temporary or permanent structure including compound wall/fencing should be raised till the matter regarding allotment of land was reviewed by the Vice Chairman of the D.D.A. By letter dated 13 January 1986 the allotment of the land measuring 2.69 acres to the Samiti was cancelled and it was requested to hand over the physical possession of the same to the Assistant Engineer (Institution), D.D.A. on 20 January 1986. Building plans submitted by the Samiti were, therefore, rejected as the allotment of the land in favour of the Samiti was 4.03 acres minus 2.69 acres.