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High Court Of Delhi
GUR PARTAP SINGH - Appellant
Versus
UNION OF INDIA - Respondent
CIV.WRIT PETITION 2435 of 2004
Decided On : 04/13/2004
Motels - Land Use Permission - Delhi Development Act, 1957, Section 53(2) - Land Reforms Act, 1954, Section 23 - Master Plan Amendment 1995 - Circular of Ministry of Urban Affairs and Environment 1999 - No further permission required under Land Reforms Act
Fact of the Case:
The petitioner sought permission to construct a motel on their land, which was initially refused by the authorities. Despite obtaining approval from the Municipal Corporation of Delhi (MCD) and paying the required charges, the petitioner was restrained from construction under the Delhi Land Reforms Act, 1954.
Finding of the Court:
The court found that the petitioner was not required to obtain further permission under the Land Reforms Act, as the land was intended for non-agricultural use as per the Master Plan amendment and the circular issued by the Ministry of Urban Affairs and Environment in 1999. The impugned orders were quashed, and the MCD was directed to re-validate the construction sanction without additional charges for the delay caused by the authorities.
Issues: The main issue was whether the petitioner needed additional permission under the Land Reforms Act for constructing a motel on their land, despite obtaining approval from the MCD and paying the required charges.
Ratio Decidendi: The court held that the Master Plan amendment and the circular from the Ministry of Urban Affairs and Environment clarified that no further permission was required under the Land Reforms Act for non-agricultural use of the land for a motel.
Final Decision: The writ petition was allowed, quashing the impugned orders and directing the MCD to re-validate the construction sanction without additional charges for the delay, with costs to be borne by the Government of NCT of Delhi.
( 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 defined a motel a premises designed and operated especially to cater to the boarding, lodging, rest and recreation and related activities of a traveller by road, regarding use attributed to motels, the type of motels contemplated in NCT of Delhi within the framework of notification dated 15. 6. 95, should essentially be considered for recreation and leisure. As such, these motels will fall within the permissible use, i. e. , category 8 under green belt/green wedge vide para 13. 6 (v) (b) of the regional Plan 2001 of the National Capital Region. This is especially true in the case of those motels since they can have a maximum used coverage of 15% with low height structures not exceeding 9 metres and with about 85% of the area being developed as green space for recreation and leisure of the user. Accordingly, the setting up of these motels within the areas designated as green belt/green wedge in the nct of Delhi would not constitute a change of land use. (ii) Regarding levy of a fee, it was agreed that since conversion of land use is not involved, therefore, conversion charges need not be levied. However, in order to enable the local body to mobilize necessary funds to provide for the infrastructure in the form of road widening and maintenance, extra pressure on ground water, power supply, etc. and basically to permit the owner to utilize the land for a higher value, a use permission Charge may be levied. (iii) it was agreed that there has been a lot of confusion amongst the applicants for motels whose applications are pending with MCD. Hence DDA may issue a letter to MCD clarifying that based on the notification amending the Master Plan dated 15. 6. 95 issued by this ministry and notification dated 16. 6. 95 issued by DDA laying down norms for a motel, no further approval of DDA is necessary. MCD may, therefore, be advised by DDA to examine the application and take suitable action on the basis of the above mentioned notifications and the present clarifications. " copies of the aforesaid letter were marked to all the relevant authorities including municipal Corporation of Delhi (in short, mcd )
( 4 ) THE effect of the aforesaid clarification was that the motels were to fall within the permissible use in category 8 under green belt/green wedge and in view of the amendment to the Master Plan dated 15. 6. 1995 and the notification dated 16. 6. 1995, no further approval of DDA was necessary. This fact was duly intimated to MCD. The DDA also issued modalities for scrutiny of applications for grant of such permissions vide letter dated 8. 2. 2000.
( 5 ) IN view of the aforesaid policy, the petitioner filed an application for sanction/approval of the building plans and regularization of construction of a motel to the Competent Authority being the MCD and the
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