KAMLA BHANDARI Vs. CHIEF COMMISSIONER

JUDGEMENT

(1.) This writ petition by Shri masi Kamla Bhandari and Shrimati Kaushalaya Devi against the Chief Commissioner, Delhi, Commissioner Municipal Corporation, Delhi Standing Committee, Municipal Corporation Delhi, Town Planner, Municipal Corporation, Delhi and Delhi development Authority, New Delhi respondents Nos. I to V under Article 226 of the Constitution has arisen out of the following circumstances: -

(2.) The two petitioners, their sisters and sisters-in-law owned the land comprising Khasra numbers 373, 374, and 494/375 situate in area of village Kharera, Tehsil Delhi. Petitioner No.2 for the planned development of the aforesaid land applied to respondents Nos. II to IV for sanction of a layout plan. Subsequently respondent No. 1I on 9th April, 1959, directed the petitioners to submit the services plan which was done by them on 6th December. 1959, in collaboration with their other relatives who owned land closely. This plan was considered by respondent No. 1II in the meeting held on 17th February, 1960, when a decision in the terms as given below was taken (Annexure I) :

(3.) Respondent No. 1 did not file any affidavit himself but an affidavit was filed on his behalf by Shri K. L. Rathee Housing Commissioner and Secretary, Local Self Government, Delhi Administration. Respondents Nos. II to IV also filed an affidavit. In none of these documents the petitioners allegation that they in compliance with the directions of respondent No. 1II which were comunicated to them by respondent No. 1V submitted a revised layout plan for sanction by the competent authorities as had been alleged by them in paragraphs 6,7 (a), (b), and 8 of their writ petition. It cannot be denied that respondent No. 1V on 8th December, 1960 (Annexure V) addressed a letter to petitioner No. 2 in the following terms: