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2004 Supreme(Del) 268

SANJAY KISHAN KAUL
GUR PARTAP SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
AMIT BANSAL, BHARAT BHUSHAN, Jayant Bhushan, MANISHA

Sanjay Kishan Kaul, J.

( 1 ) THE petitioner is owner of land measuring 1. 5 hectares situated in Village Sultanpur, New Delhi. The petitioner is aggrieved by refusal of the respondent authorities to permit the petitioner to construct a motel on the land in question.

( 2 ) A Gazette notification was issued on 16. 6. 1995 in Gazette No. 350 of 17. 6. 1995 by Delhi Development Authority (in short, dda ) for amendment of the master Plan in terms whereof motels were permitted in rural zones / green belts and in commercial zones and national highways and inter-State roads as defined in the notification. The Gazette notification further prescribed in terms of para 4 (xi) that "all permissions and clearances for use of land, which are usually required, in connection with approval or sanction for development, shall be obtained from the prescribed authority".

( 3 ) THE Ministry of Urban Affairs and Environment issued a clarification dated 13. 1. 1999 in respect of the aforesaid subject matter. The relevant portions of the said circular are as under: " (i) The Master Plan amendment dated 15. 6. 95 issued by this Ministry incorporating motels as a permissible facility within NCT of Delhi is d
































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