ALL INDIA CRIME PREVENTION SOCIETY Vs. UOI

JUDGEMENT

(1.) IN X, Y block of Loha Mandi, Naraina, Delhi, an area has been reserved for public park. This public park was being maintained by MCD till 2005. It is seen from records that the park had large number of trees and plants and also a tubewell was constructed and certain funds were also spent from the local MLA 's fund. It appears that in 1975, Loha Mandi was shifted by the DDA from Motia Khan, Pahar Ganj to Naraina and plots were allotted to theshopkeepers of Motia Khan against the occupied premises. The plots to the traders were allotted in three blocks, namely, X, Y and Z blocks and certain sites had been earmarked in the site plan as parks which are meant to be green land for public purpose. It appears that a representation was made by the shopkeepers for allotment of plots in the area which has been reserved for the public park in question and the Director (CL), vide his letter dated 4.8.2000, categorically stated that the park land has been handed over to MCD for care and maintenance and further that there is no scheme for carving out plots in the park for the shopkeepers.

(2.) IN writ petition bearing CWP No. 1426/1992, an affidavit was filed on behalf of DDA, in which it was inter alia stated:

(3.) ON behalf of the DDA, it has been contended that the site was taken as site meant for park by mistake, although actually it was meant for parking and it was erroneously transferred to the Horticulture Department of the MCD. Since the use of the site in question is parking lot / industrial use inthe layout plan, therefore, the Joint Director (Horticulture)-VIII / DDA was requested to take over the land in question from MCD and thereafter the plots have been allotted to the shopkeepers. It is pertinent to note that in para 3 of the counter affidavit, it has been stated by the DDA: