SHANTI SPORTS CLUB Vs. UOI

JUDGEMENT

(1.) THE petitioners seek a direction to the respondents to act in accordance with the policy dated 1st May, 2008 and a Writ of Certiorari seeking quashing of letter No. F. 3 (75) 2008/mp/j-12/458 dated 21st August, 2009.

(2.) THE grievance of the petitioners in the present writ petition is that pursuant to notification dated 1st May, 2008 inviting application from bonafide institutions for regularization, an application dated 19th June, 2008 was filed by the petitioner. Along with the application the petitioners are alleged to have submitted copies of the land ownership documents with a site plan of the area; plan and details of existing built up area; site plan; registration certificate of the society; registration documents of the society; set of building plans for record of the local body. The petitioners in their applications had allegedly disclosed that the proposed complex is one of the best and most well built having an infrastructure matching international standards. It was also asserted that the petitioners complied with all the terms and conditions for regularization as the land does not form part of the notified Ridge/regional Park/developed Park/river Bed/gram Sabha or public land, lands affected by Heritage Zone and/or land required for master plan roads or other essential public facilities. Regarding the extent of buildable area it was contended that it is limited to the extent of MPD- 2021 norms and the petitioner shall be willing to pay all charges leviable such as external development charges etc and the petitioner shall make arrangement for provisions of the public/municipal services.

(3.) THE Petitioners had applied for withdrawal of their land from acquisition which was purchased after the notifications were issued under Section 4 and 6 of Land Acquisition Act and on which the construction was done without seeking any sanction or permission of any type, rather sanction and permission had not even been applied. The appeal of the petitioners for release of the land from the acquisition was pending in the supreme Court being Civil Appeal Nos. 8500- 8501/2001. The application of the petitioners was not decided. The petitioners had filed an application in respect of regularization according to the notification dated 1st May, 2008 which was disposed of by order dated 14th July, 2009 allowing the petitioners to withdraw the application with liberty to avail such remedies as could be available under law. Thereafter petitioners filed the present petition on 4th august, 2009 praying inter-alia for a direction to the respondents to act in accordance with its policy dated 1st May, 2008 and to decide the application of the petitioners for regularization.