ROHIT DHUPAR Vs. LT GOVERNOR

JUDGEMENT

(1.) The five petitioners are residents of New Friends Colony and have tiled the present Public Interest Litigation for quashing and setting aside allotment of 500 sq. nits, of land to the New Friends Colony Temple Society (hereinafter referred to as respondent No. 5, for short) by the Delhi Development Authority (hereinafter referred to as DDA, for short). It is alleged in the Petition that this 500 sq.mts. is part of a land earmarked for a park and the allotment, therefore, is contrary to the Master Plan of Delhi, 2001 (hereinafter referred to as MPD 2001, for short). It was submitted that land use from park to any other use cannot be changed without complying with the provisions of Section 11A of the Delhi Development Act, 1957 (hereinafter referred to as DD Act, for short).

(2.) DDA has filed two reply affidavits. In the first affidavit filed on 12th March, 2001, it is stated that the respondent No. 5-Society had made a request for allotment of 500 sq.mts. of land for residential quarters for Service personnel. After due consideration, 500 sq. mts. of land earmarked for "Multi Purpose Community Usage" in the Lay Out Plan was allotted to the respondent No. 5 society. In conjunction with the said allotment, DDA also decided that the balance land earmarked in the Lay Out Plan for "Multi Purpose Community Usage" in the vicinity would be converted to green use and developed as a park. The matter was referred to Ministry of Urban Development for changes in the Lay Out Plan.

(3.) In the additional affidavit dated 22nd May, 2001 filed by the DDA, it is pointed out that the initial Lay Out Plan was approved/sanctioned by the MCD. At that time, the entire area was under the control of Delhi Administration and subsequently was transferred to DDA. DDA has power to sanction and modify the Lay Out Plan. MCD can also modify the Lay Out Plan of the New Friends Colony with their consent, as DDA is a superior lessor who has executed the lease deed in favour of the Cooperative Society, which in turn has execeuted sub-leases in favour of their members. In this affidavit it is stated that the Lay Out Plan for New Friends Colony has been checked and a big chunk of land was earmarked for community centre, nursery school and community services. It is further stated that except for 500 sq.mts. of land which has been allotted to respondent No. 5, the entire balance area of land has been converted into 'green' because of lack of demand for allotment of land for these activities.