BRIJ PRAKASH GOYAL Vs. M C D

JUDGEMENT

(1.) Rule has been issued in writ petition on 22nd January, 2003. With the consent of the learned counsel for the parties, the petition is taken up for final hearing.

(2.) This writ petition under Article 226 of the Constitution of India arises on account of delay in sanction of building plans in respect of Plot Nos.20 and 21, A-Block, Mansarovar Garden, New Delhi. This petition sought quashing of letter dated 5th August, 1998 issued by the MCD rejecting the petitioners' permission to construct the plot Nos.21 and 22 in the Mansarovar Garden Residential Scheme or in alternative a direction to the MCD to sanction the building plans forthwith and not later than 60 days.

(3.) It is not in dispute that the petitioners had applied for sanction of the building plans on 2nd June, 1998. The building plans were not being sanctioned in view of a letter of 13th July, 1998 issued by the Principal Secretary, MCD on the ground of the non- sanctioning of the plans of colony at Mansarovar Garden itself. The learned senior counsel for the petitioner, Shri A.S. Chandhiok has produced a letter dated 15th March, 2005 which reads as follows:-