KALKAJI INDUSTRIES ASSOCIATION Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The facts in brief are that on 2.2.1985 M/s-Kalkaji Industries Association, claiming to be an Association of persons/companies/body corporate, owning and running factories and other commercial establishments or business houses in the locality known as Kalkaji, New Delhi filed Civil Writ No. 325/85 through itsPresident. It was alleged; that the Delhi Development Authority (for short "the D.D.A.") had carved out plots at site Nos. 49,58 and 104, which it was intending to auction with effect from 4.2.1985; under the Master Plan, the D.D.A. had earmarked various portions of the land available with it to be utilised for residential purposes, commercial purposes and industrial purposes. The land around the areas, which were to be utilised for industrial purposes, was earmarked as green belt, to be utilised for district parks, play grounds and open spaces. Green Belt was provided in the Master Plan to ensure that the residents of the area do not . suffer because of pollution and other environmental reasons. Sites No. 49,58 and 104 surrounds industrial area of Kalkaji and in the Lay Out Plan of Kalkaji, the said sites are shown as green land and as such cannot be subject matter of auction to public at large, therefore, the intended auction per-se was mala fide. A direction was sought restraining the respondent/D.D-A. from auctioning and/or confirming the bids and from allotting plots or giving possession thereof to proposed bidders.

(2.) The writ petition came up for preliminary hearing on 5.2.1985. Notice was directed to be issued for 7.2.1985. On that date the auction, which was scheduled for the same day was stayed on the condition that in case the petition would fail, the petitioners will be liable for expenses for postponement of the same. It was further directed that in case auction has already taken place, the bid will not be confirmed till further orders of the Court.

(3.) On 6.3.1985, Rule D.B. was issued. Auction of the plots was directed to remain stayed with this condition that as and when Draft Zonal Development Plan is notified, whereby this area can be used for residential purposes, the D.D.A. would be at liberty to move an application for variation of the stay order. The Courtfurther prohibited every one from making any construction in the area in question or for utilising the land for any unauthorised purpose. The writ petition has remained pending thereafter.