High Court Of Delhi
U.P.SAMAJ COOPERATIVE HOUSE BUILDING SOCIETY LTD. - Appellant
Versus
DELHI DEVELOPMENT AUTHORITY - Respondent
W.P.(C.) 9545 of 2003
Decided On : 11/29/2004
( 1 ) ALL captioned petitions centre on the same facts and raise common issue of law and hence are being decided by a common judgment and order.
( 2 ) U. P. SAMAJ Co-op. House Building Society, the petitioner in WP (C) No. 5259/03 and WP (C) No. 9545/03 prays : wp (C) 5295/03 :
A) Issue an appropriate writ, direction or order in the nature of certiorari quashing the order dated 20. 2. 2003/3. 3. 2003 passed by the respondent No. 2;
B) Issue an appropriate writ, direction or order in the nature of certiorari quashing the allotment order dated 24. 5. 2002 issued by respondent No. 3 as being contrary to the sponsorship letter dated 12. 4. 2001;
C) Issue an appropriate writ, direction or order in the nature of mandamus to the respondent No. 2 and 3 to act in accordance with letter dated 17. 10. 2002 written by respondent No. 3. ;
D) Issue an appropriate writ, direction or order in the nature of mandamus directing the respondent to maintain the sites in question as parks marked in purple colour as a to d in the lay out plan;
E) Issue a writ, order of direction in the nature of mandamus thereby declaring the proposed action of the respondents in allotting the sites marked in purple colour and marked as a to d in lay out plan as nursery schools which are on 9 mt. wide road and the same is in contravention of the laws laid down by the respondents. WP (C) 9545/03 :
"a) Issue appropriate writ, direction or order in the nature of certiorari quashing the allotment order dated 11. 10. 2002 issued by respondent No. 1 and 2 as being contrary to the sponsorship letter dated 9. 4. 2001 and the master Plan of DDA. "
( 3 ) P. D. MEMORIAL Educational and Medical Society, which is respondent No. 3 in WP (C) No. 5295/03 is the writ petitioner in WP (C) No. 4215/03. It prays that orders be passed :
A) Directing respondent No. 1 that land use of the plot allotted to petitioner cannot be changed from nursery School to Park in lieu of plot allotted to the petitioner measuring 800 sq. mtrs. situated at 9 meter vide road in U. P. Samaj C. H. B. S. (Known as Deepali) in pitampura, Delhi;
B) To further restrain the respondent No. 2 and 3 from causing any obstruction and hindrance in making construction on the plot allotted to the petitioner measuring 800 sq. mtrs. situated at 9 meter vide road in U. P. Samaj C. H. B. S. (known as Deepali) in Pitampura, delhi; and
C) To direct the respondent No. 4 to provide protection to petitioner and also to ensure that no obstruction is caused, in making construction on the site allotted to the petitioner measuring 800 sq. mtrs. situated at 9 meter wide road in U. P. Samaj C. H. B. S. (known as Deepali) in Pitampura, Delhi.
( 4 ) VALUE Education Society which is respondent No. 3 in WP (C) No. 9545/03 is the writ petitioner in WP (C) no. 6416/03 prays that order be passed :
A) Directing respondent to give possession of the plot allotted to petitioner for Nursery School measuring 800 sq. mtrs. situated at U. P. Samaj C. H. B. S. (known as deepali) in Pitampura, Delhi in terms of letter dated f. 19 (52)2001/12/4156 dated 8. 1. 2003;
B) To further direct the respondent to pay interest @ 18% p. a. to the petitioner from the date (i. e. 9. 12. 2002) of payment of premium paid by the petitioner to the respondent till the possession of plot 800 sq. mtrs. situated at U. P. Samaj C. H. B. S. (known as deepali) in Pitampura, Delhi is handed over to the petitioner.
( 5 ) U. P. SAMAJ Co-op. House Building Society was licensed land for purposes of development by DDA. Except for land on which residential plots were carved out, all other land vested in the President of India. A colony called Deepali, Pitampura, Delhi came up on the land. Residential plots were given to the members of the society under a perpetual lease.
( 6 ) LAY out plan of the colony was sanctioned by dda. U. P. Samaj Co-op. House Building Society was associated in the finalization of the lay out. The 2 sites in question for Nursery School wer
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