PARTAP SMGH Vs. LT GOVERNOR

JUDGEMENT

(1.) This is a review pn. by petitioner Partap Singh seeking the review of the order dated 30.1.1987 whereby the C.W.P. No. 1962 of 1986 filed by him had been dismissed.

(2.) The petitioner had sought the issuance of a writ of mandamus against the decision of the respondents to demolish his property which was situated in Kharsa No. 292/2 of village Nangloi Sayad. The petitioner had unauthorisely constructed five shops without obtaining any permission from the Delhi Development Authority (in short the DDA) and the petitioner had not got approved building plans from the Competent Authority for raising those constructions. Notice was issued to the respondents to show-cause why the writ petition be not admitted. Appearance was put in on behalf of the respondents in response to the notice to show-cause. Parties were directed to maintain the status quo vide order dated 30.9.1986 as of that day. Counter- affidavit was filed in the writ petition by the DDA whereby the construction in question was asserted to be unauthorised and the demolition carried out in respect thereof was also asserted to be lawful, alleging that the property in question was located in development area which had been declared as such vide notification dated 20.2.1981. After hearing the parties the impugned order dismissing the writ petition was passed.

(3.) In the review petition the petitioner, while conceding that village Nangloi Sayad wherein the property in question was situated had been declared by the DDA as development area u/s 12(1) of the Delhi Development Act, 1957 (the Act), asserted that the M.C.D. in exercise of the powers conferred by S. 507(a) of Delhi Municipal Corporation Act, 1957, with the approval of the Central Govt. had declared that areas mentioned in notification dated April 23, 1982 including village Nangloi Sayad had ceased to be rural areas and stood declared as urban, and also that such urbanised villages including village Nangloi Sayad had been exempted from the applicability of Building Bye-laws for Union Territory of Delhi, 1983, under jurisdiction of DDA. It was, thus, urged that there was no question of seeking any permission from the DDA by the petitioner for the purpose of constructing the shops in question on Khasra No. 292/2 of village Nangloi Sayad and it was also not necessary to submit any plans for the construction of the same to the DDA for sanction, and that the raising of these constructions could be of the free-will, choice and taste of the petitioner without any let or hinderance from DDA.