PRADEEP NANDRAJOG, J

( 1 ). While reserving for judgment, on 16. 8. 2004, following order was passed:-

"arguments heard. Judgment reserved. Counsel appearing for the DDA clarified that he has obtained instructions from DDA. His instructions are that the original lay out of the colony Rajouri Garden was approved by the Municipal Corporation of Delhi. DDA is not in possession of any approved lay out plan of the said colony. MCD has taken a stand that the approved lay out plan was with the DDA. Matter has accordingly been argued by the parties treating the lay out plan filed by the petitioner being Annexure c to the writ petition as the original lay out plan of the colony. "

( 2 ) PRAYER made in the writ petition is as under:-

"a. To issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents to remove all encroachments from the park and to direct respondents nos. 1 to 3 not to permit/allow the construction of any community centre or any other construction at J-9/ 36a, Rajouri Garden Extension, New delhi, and

B. to direct respondents nos. 1 to 3 to revoke sanction of respondent no. 5 and direct the respondents to maintain the said park properly, and

C. direct the respondents not to allow any future encroachments in or around the above said park. "

( 3 ) PETITIONER No. 1 is a society registered under the Societies Registration Act 1860 formed by the residents of Block J-9 and J-11, Rajouri Garden extension, New Delhi. Petitioner No. 2 is a resident of house No. 40 in Block J-9, Rajouri Garden Extension, New delhi.

( 4 ) RAJOURI Garden Extension was developed by a private colonizer, Delhi Land Finance Company (D. L. F), after approval obtained from the Municipal Corporation of delhi in the year 1969. As noted in para 1 above, since neither D. D. A nor M. C. D produced the official approved lay out plan, the one filed by the petitioners as annexure c to the writ petition was taken to be the approved lay out plan of the colony.

( 5 ) LAY out plan shows that land on the southern side of Block J-9 and J-11 is vacant land.

( 6 ) AS per the petitioners, the vacant land was developed as a park, bisected into 3 parts due to 2 roads being laid. The three segments are reflected in the site plan annexed as ANNEXURE e to the writ petition.

( 7 ) GRIEVANCE in the writ petition is that 1 of the 3 segment, towards block J-9 has been craved upon into two resultant plots by D. D. A. 1 plot has been given to delhi Electric Supply Undertaking for setting up an electric sub station and the 2nd plot has been allotted to respondent no. 5 for use as a Community Centre. Petitioners plead that land has to be used for a purpose of the land use prescribed as per the lay out plan. Thus, neither DESU, nor respondent No. 5 could be allotted a plot each for erecting an electric sub station and a community hall respectively.

( 8 ) PLOT allotted to respondent No. 5 has been given municipal number J-9/36a, Rajouri Garden Extension.

( 9 ) ELABORATING the plea aforenoted, petitioners state that the Zonal Development Plan of the zone where the colony falls shows sites for a community centre. Site of plot J-9/36a is not shown for Community Centre. It is pleaded that if an electric sub station is permitted to be erected, it would be a fire hazard. If a community Centre is allowed to be constructed it would cause public nuisance.

( 10 ) UNFORTUNATELY, D. D. A has not filed any counter affidavit. Stand of M. C. D is that it sanctioned the building plans in favour of respondent No. 5 since D. D. A had allotted to it the plot being J-9/36a, Rajouri Garden extension for constructing a Community Centre. Stand of desu is that the electric sub-station was erected long back. Its erection is for benefit of the residents since it is being put to a public utility use.

( 11 ) STAND of respondent No. 5 is that it is a social and cultural organization established in the year 1980. It was allotted plot No. J-9/36a admeasuring 328. 8 sq. meter for

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