Judgment

PATHAK. J.:- Does the failure of the Standing Committee of the Delhi Municipal Corporation to consider under sub-sec. (3) of S. 313, Delhi Municipal Corporation Act, 1957, an application for sanction to a lay-out plan within the period specified in the sub-section result in a "deemed" grant of the sanction? That is the principal question raised in this appeal by special leave which is directed against the judgment and order of the Delhi High Court allowing a Letters Patent Appeal and dismissing a writ petition filed by the appellant.

2. The appellants father, Amin Chand, owned. a large parcel of land in village Chowkhandi near Tilak Nagar Najafgarh Road, New Delhi. The land was situated within the municipal limits of Delhi. Amin Chand decided on developing the land as a residential colony named, after his father, the "Gangaram Vatika Colony". He submitted a lay-out plan for sanction under S. 313 of the Delhi Municipal Corporation Act, 1957. The plan was sanctioned by the Standing Committee of the Delhi Municipal Corporation by Resolution No. 17 passed on 10th December, 1958. A revised lay-out plan was approved by the Standing Committee by Resolution No. 871 dated 12th Novemb