JUDGMENT

R. M. SAHAI, J.:- The question of law that arises for consideration in this appeal is whether the Municipal Corporation of Delhi (herinafter referred to as the Corporation) in absence of any provision in the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as the Act) was entitled to sanction the plan for building activities with condition that the open space for parks and schools be transferred to the Corporation free of cost.

2. Facts inbrief are that one Pt. Amin Chand was owner of a colony named Ganga Ram Vatika situated on Najafgarh Road, Village Chaukhandi, near Tilak Nagar, New Delhi. In 1957 he submitted a layout plan of the colony to the Delhi Development Provisional Authority. It was rejected. The Town Planning Organisation of the Corporation sent him a copy of the revised lay out plan and intimated him that if he submitted the plan as proposed by them they might consider his request, Amin Chand therefore, submitted fresh proposal in accordance with proposed lay out plan in September 1958. In the plan it was proposed to divide the colony into 98 residential plots and 7 shops plots. Some open space was reserved for children park. The plan was approved