RAMESH CHAND AGGARWAL Vs. MCD

JUDGEMENT

(1.) The plaintiffs claim to be the joint owners of a freehold plot of land bearing number 41, Category III, Group A, admeasuring 401.34 square yards located in Kalindi Colony, Village Kilokri, New Delhi in pursuance to a registered sale deed dated 05.08.1986. The plaintiffs purchased the plot from one -Smt.Laxmi Dewan, who in turn had purchased it from one Smt. Raj Kumar. Smt. Raj Kumar was the original allottee of the plot of land having purchased it from Swatantra Cooperative Housing Building Society Limited vide a sale letter dated 07.10.65.

(2.) The society had submitted a lay out plan for sanction to the Standing Committee of the MCQ an the lay out was sanctioned by the Resolution number 11 dated 01.10.58. The total land area was 20 acres, out of which area allotted for residential plots was 13.1 acres, for roads was 4.4 acres and that covered for parks and open spaces was 1.2 acres. The sanctioned lay out plan is stated to have irregular boundaries with the result that there was no proper approach roads to certain plots, the Society negotiated with its neighbour Central Road Research Institute for exchange of land and such exchange of land having been agreed upon, the same was approved by the resolution of the MCD bearing no. 158, dated 08.05.1964. The Society is stated to have purchased additional area to the extent of 0.88 acres, out of which 0.46 acres was left out for the planning while 0.42 acres was acquired by the Delhi Administration. Thus once again a revised plan was submitted to the MCD for carving out nine additional plots. This proposal was, however, rejected by the MCD by resolution number 796 dated 10.10.68. A similar application made by the Society was again rejected by the resolution number 364, dated 30.08.1973.

(3.) A resolution dated 576'dated 21.08.1996 is, however, stated to have been passed revising the lay out plan and carving out two additional plots subject to certain terms and conditions specifying that set back shall be provided as per building bye-laws for the two plots, conditions imposed by earlier approved lay out plan shall be adhered to, sites for community facilities will be handed over by the society to the MCD free of cost and open areas shall be maintained as such. A subsequent representation for revision of lay out plan was rejected on 08.07.1991. The cause of action has arisen for filing of the present suit for prohibitory injunction, declaration and cancellation on account of the fact that the plaintiffs were informed by defendant no.1 MCD that the land covered by their plots stood vested in defendant by virtue of the letter dated 31.05.79 of the Society, which is reflected in Para 11 of the plaint as under: 'The physical possession of Lawns/ open spaces sites bearing S. NO.1 to 5 as shown in Green colour in the approved/revised lay out Plan of Kalindi Colony of Swatantra Co-operative House Building Society Ltd. at ring Road, Opposite Kilokri, New Delhi, bearing drawing no. TP/AC/4014 has been handed over to MCD today i.e. 31.05.1979, free of cost as per details given below:- Site No.l: Lawn-3 doors opening towards the lawn sites and some jhuggies as temporary. Site No.2: Vacant-Lawn with including opening. Site No.3: Land-use undefined. Site No.4 Land-use undefined, barbedwire fencing alone and all temporary mud jhuggies. Site No.5 : Land use undefined partly developed as land by the Society. Site No.6 : The possession of this site meant for school is not handed-over by the Society, as this site is under disputematter in court."