( 1 ) BY filing this petition, petitioners have prayed for issuance of a writ of prohibition/mandamus or any other appropriate writ or directions, directing the respondents not to issue any drug licence for sale and manufacture of the drugs in any residential premises and has further prayed for directing the respondents to grant licence only in commercial areas. Petitioners are residents of Delhi and are engaged in business of various types of medicines. They have their shops in the market area in a commercial zone which is fully developed by Delhi Development Authority (hereinafter referred to as "the Development Authority" ). The shops occupied by the petitioners are in compliance with the provisions of Municipal Laws, DELHI DEVELOPMENT ACT, 1957 and building bye-laws.

( 2 ) THE petitioners are holders of licences issued under Drugs and Cosmetics act, 1940 (hereinafter referred to as "the Drugs Act") read with Drugs and cosmetics Rules, 1945 (hereinafter referred to as "the Rules") and particularly licences issued under Rule 34 of the Drug Rules. The petitioners are also issued license by Municipal Corporation of Delhi for trading at the same place where they are carrying on their business.

( 3 ) THE grievance made by the petitioner is that the respondent Nos. 1 to 3 have been granting the licence under the Drugs Act and Drugs Rules for retail and wholesale drugs in the residential flats/ residential properties in a residential area in various parts of Delhi. It is stated that despite the representation made through unregistered association known as DDA Market Chemist Association, the copy of which is produced as Annexure P3, the respondents continued to issue licences in utter disregard of the provisions contained in Delhi development Act (hereinafter referred to as the Development Act) and the rules made thereunder as also under the provisions contained in the Delhi municipal Corporation Act, 1957 (hereinafter referred to as the Corporation act) and the rules made thereunder which do not permit commercial activity in the residential areas.

( 4 ) THIS petition came up for hearing before one of us (A. K. Sikri, J.) on 25th march, 2003. The respondents cited the decision of a Division Bench, dated 6- 3-1987 passed in CWP 2343/96 titled "shri Kulbhushan Kumar Wason v. Lt. Governor of Delhi and Ors. ", as per which Drug Authorities are not supposed to conduct an inquiry with regard to nature of user of the building in possession of the applicant applying for such a licence. An opinion was expressed that the matter requires reconsideration.

( 5 ) IT is in view of this the matter was placed before a Division Bench. On november 18,2003 Division Bench issued Rule and after hearing the Counsel for the parties, the Division Bench opined that the matter is required to be heard by a Full Bench. That is how the matter is placed before this Bench.

( 6 ) IN order to promote public health, safety, general moral and social welfare of the community, reasonable limitations were put on the use of the land and buildings. The purpose was to ensure that in most appropriate manner there is ecological and healthy development of the city. Such a systematic development of land, in accordance with the byelaws and land use proposals contained in the development plan, would promote quality of life of the people of Delhi. There are 37 use zones classified in 9 categories, namely, residential, commercial, manufacturing, recreational, transportation, utility, government, public and semi-public and agricultural and water bodies.

( 7 ) A lay out plan would indicate configuration and sizes of the house/ premises. Each house/premises is permitted to have a specific use in the residential use zone. The categories of plots and sizes are indicated, including for group housing. It is also kept in mind by the planners that a provision for requisite social infrastructure is to be provided in residential locality for a better living and with this e