VIKAS VASUDEVA Vs. LAND & DEVELOPMENT OFFICER

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner seeking a Writ of Certiorari or any other appropriate order for quashing the allotment of land admeasuring 1080 sq.meter as shown in Rs.& DO plan at No. 1706, Shankar Road, Old Rajinder Nagar, New Delhi by respondent No.1, namely, Rs.& DO in favour of respondent No.4/Hindustan Petroleum Corporation Limited for running of a CNG Fuel Pump. Other connected reliefs are also sought.

(2.) The case of the petitioner is that the petitioners are the residents of the colony Rajendra Park, New Delhi. The said land is earmarked and maintained for the purpose of playground/park. It is further stated that in W.P.(C)2345/2014 titled "Court on its Own Motion vs. Union of India" on 16.4.2004 the court took up the PIL regarding maintenance of children park. Status Report was directed to be filed by the concerned Municipal Corporations. Pursuant to the order passed in the said Writ Petition a meeting took place with the Chief Secretary. Minutes were drawn up on 21.7.2014. The said Minutes clearly lists out the park in question in this petition, namely, Mahavir Park, Old Rajender Nagar. The case of the petitioner is that the land in question measuring 1080 sq.meters being allotted to respondent No.4 was part of a larger area of 3109.9 sq.meters meant for a park. It has been pointed out that despite the above respondent No.1has written to respondent No.4 on 12.1.2016 pointing out that the plot measuring 1080 sq.meters at 1706 Shankar Road, Old Rajender Nagar has been temporarily allotted to respondent No.4 for putting up a Filling-cumService Station.

(3.) It is further stated that the area falls in zone B-3 Municipal Area. A perusal of Masterplan 2021 (hereinafter referred to as 'MPD 2021') reveals that there is no provision made for additional fuel station in the said zone. Reliance is placed on sections 8,9 and 11A of The Delhi Development Act, 1957 to submit that for modification of the Masterplan and Zonal Plan it is incumbent upon the authority to place a notice in this regard and invite objections and suggestions from the public for considering the same. It is stated that in the absence of change in the zonal plan the land cannot be used as a fuel station. As despite several representations the respondents have not changed the plan hence the present writ petition.