Pradeep Nandrajog, J.

( 1 ) RULE. Heard for disposal. 2. Case of sibling rivalry, Sarojini Market Shopkeepers Association has brought the present action being aggrieved by a decision and its implementation by NDMC to convert 65 tehbazari sites granted by NDMC to various persons into permanent sites. NDMC decided and commenced erection of partition walls, laying concrete roof slabs etc. at the site of the tehbazari, where thadas were covered with asbestosis sheets over iron angles. 3. Case of the petitioner is that conversion of the tehbazari site into permanent stalls is contrary to the master plan and zonal development plan for the area in question. 4. It is urged by the petitioners that as per the mandate of the Delhi development Act, 1957, no development can take place, not even by a statutory authority, which is contrary to the Master Plan for Delhi. 5. Response of NDMC is that representations were received by allottees of the thadas to the effect that vagaries of nature were impeding their business and on humanitarian grounds they be permitted to convert temporarily covered tehbazari into permanently covered sites. NDMC took decision, on humanitarian ground, to erect permanent constructions by way of stalls and allot the same to the allottees of the thadas. 6. Matter was referred to the Government of India, Ministry of Urban development. On 12. 3. 2004 a decision has been taken. Decision reads as under:- minutes of the meeting held on 12. 3. 2004 at 3. 00 PM to discuss the issues connected with construction of vegetable stalls in the Sarojini nagar Market. The following were present:- 1. Shrip. K. Pradhan, JS (DL) 2. Shri A. Madhukumar Reddy, Landdo 3. Shri B. K. Jain, Director (DC), DDA. 4. Shri Amit Das, Joint Director (PLG), DDA 5. Shri M. L. Range, Director (Estates), NDMC. 6. Shri Karam Chand, Dy. Chief Architect, NDMC. 7. Shri G. P. Sharma, SE (BM), NDMC 8. Shri K. K. Verma, XEN (BM), NDMC. 9. Shri V. Sreekumar, PRO, Landdo. Initiating the discussion, JS (DL) requested Director (DC), DDA to elaborate on the Master Plan provisions in respect of Sarojini Nagar market. He referred to the communication of DDA to NDMC with copy to Ministry in which it has been mentioned tha: keeping in view the approved layout plan of S. N. Market, provision of toilets, ESS, dustbins and vegetable stalls may be considered by NDMC.

( 2 ) SHRI. B. K. Jain, Director (DC) DDA mentioned that MPD 2001 provides for retention of the S. N. Market as existing. It states that no additions/alterations shall be permitted and unauthorized encroachment shall be removed. The Master Plan also stipulates that 3 to 4 units of informal shops for 10 formal shops can be allowed in the commercial use zone. He clarified that the vegetable stall of temporary nature can be treated as informal shops. He also specified that if the stalls are of temporary nature, relaxation of set back rules is not necessary. However, provision of such stalls should be as per the prescribed norms i. e. 3 to 4 informal shops to 10 formal shops. Moreover, there should not be permanent structure like brick masonry with concrete roof.

( 3 ) DIRECTOR (Estates), NDMC indicated that there are 200 formal shops in the S. N. Market and nearly 65 temporary stalls were allotted by ndmc on licence basis. This, therefore, conforms to the norms. These stalls have been existing there for more than 30 years, serving to the local residents, this being predominantly a residential area. During this period, site wall around the stalls were constructed for protection. There were asbestos roofs which were being damaged; hence these roofs have now been made into concrete roofs for better protection and to avoid recurring expenditure.

( 4 ) DURING discussion, it was agreed that construction of brick masonry structures with concrete roof and rolling shutters would virtually make it into permanent stalls and would be violation of the existing Master plan provisions. It was also pointed out that some of the st

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