DEV RAJ GUPTA Vs. NEW DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) The petitioners are aggrieved by the action of the respondent-NDMC withholding the release of sanctioned building plans to the petitioners for non-compliance of certain conditions subject to which the respondent had resolved to grant the sanction.

(2.) The petitioners are owners of the property known as 20, Barakhamba Road New Delhi and measuring about 0.956 acres. This property has been subject matter of a number of litigations, one of them being Union of India Vs. Dev Raj Gupta & Ors, AIR 1991 SC 93. The dispute was about the payment of conversion charges leviable by Delhi Development Authority, the Lessor, as a condition precedent to the grant of its permission or no objection certificate (NOC) to convert the user of the land from residential to non-residential. The dispute has been settled by the Supreme Court on 23.10.90 in accordance with its judgment reported as above.

(3.) On 5.8.1977 the petitioners moved an application under Section 169 of the Punjab Municipal Act, 1911 seeking permission of the Municipal Authority for sanction of the proposed building plan. It appears that the plan has been approved by the Administrator vide resolution No.13 dated 21.1.81. On 29.1.81 a communication (Annexure P-1) was issued to the petitioners, the relevant part whereof is extracted and reproduced hereunder :-