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2002 Supreme(Del) 358
High Court Of Delhi
GYAN PRAKASH SHARMA - Appellant
Versus
DELHI DEVELOPMENT AUTHORITY - Respondent
Decided On : 03/13/2002
The main legal point established in the judgment is the strict interpretation and mandatory nature of the obligations under bye-law 6. 7. 4, emphasizing the need for compliance and the consequences of the doctrine of deemed sanction.
Headnote:
deemed sanction - construction of Motel on National Highway No. 8 - Delhi Building bye-laws, 1983 - 6. 7. 4
Fact of the Case:
The plaintiff sought interim injunction against the defendants to continue construction of a Motel on National Highway No. 8 based on the doctrine of deemed sanction under bye-law 6. 7. 4 of the Delhi Building bye-laws, 1983.
Finding of the Court:
The court found that the plaintiff failed to establish a prima facie case for the grant of an interim injunction. The court held that the plaintiff did not have a right to the deemed sanction and failed to show that the balance of convenience lay in his favor. The equities and the element of irreparable loss and injury were found to be in favor of the defendants.
Issues: The issues revolved around the application of the doctrine of deemed sanction, compliance with bye-law 6. 7. 4, and the authority's actions in relation to the plaintiff's construction plans.
Ratio Decidendi: The court interpreted the words 'any intimation' and 'immediately' in bye-law 6. 7. 4, emphasizing that any communication from the authority to the applicant, including seeking additional information or forwarding the application to other authorities, constitutes 'intimation'. The court also highlighted the mandatory nature of the obligations under bye-law 6. 7. 4 and the need for strict compliance.
Final Decision: The court denied the grant of an interim injunction, stating that the plaintiff failed to establish a prima facie case and did not show that the balance of convenience lay in his favor. The court also urged the government to review the policy on construction of motels on National Highways and emphasized the need to address unauthorized constructions causing traffic issues.
( 1 ) THE doctrine of deemed fictions in any field of activity is pressed into service by way of statutory provisions to inject speed in decision making process and is the fiction of law by which mere lapse of time leads to sanction by operation of law which is exactly identical to actual legal sanction. The obvious object is to eliminate delay, deep seated civic apathy and keep the authorities on tenter-hooks for expediting the process and keep them awake before they go into soporific slumber. That is why it is well established that all deemed fictions must be given full and exonerable effect and the same force as the statutory provisions, otherwise it would lead to startling consequences and would eliminate the very concept of deemed fiction.
( 2 ) HERE is a plaintiff/applicant who seeks interim injunction against the defendants restraining them from obstructing or creating any hindrance in construction work of , Motel on National Highway No. 8 ( in-short NH-8) on the doctrine of deemed sanction of his building plan as contemplated by bye-law 6. 7. 4 of the Delhi Building bye-laws, 1983 (in short BBL ). Bye-law 6. 7. 4 provides as under:-
"6. 7. 4. If within 60 days of the receipt of notice of the Bye-laws, the authority fails to intimate in writing to the person, who has given the notice, of its refusal or sanction or any intimation, the notice with its plans and statements shall be deemed to have been sanctioned provided the fact is immediately brought to the notice of the Authority in writing by the person who has given notice and having not received any intimation from the Authority within fifteen days of giving such written notice. Subject to the conditions mentioned in, this by law, nothing shall be construed to authorise any person to do anything in contravention or against the terms of lease or titles of the land or against any other regulations, bye-laws or ordinance operating on the site of the work.
( 3 ) VIDE notification dated 16. 6. 1985 the defendant permitted construction of Motels in the rural zone/green belt and in commercial zones on National Highways and interstate Roads which directly connect the National capital Territory with neighbouring State of a minimum width of 20 meters for service roads running parallel to them. Certain norms and building standards were also laid own with regard to these Motels. Some of these are as under: i) Planning permission fee as applicable to the site shall be deposited as per the rates notified by the Ministry i. e. (a) for Ist ha. = rs. 20 lakhs (b) for 2nd ha. =rs. lo lakhs and (c) for 3rd ha and onwards = Rs. 5 lakhs. ii) Development control norms for construction of the Motel shall be as per notification no. K-lloll/ll/70-DDIB/va/ib dated 16. 6. 1995 issued by the Ministry of Urban development. iii) The proposal shall ensure the prescribed green buffer on either side of the approved right of way of N. H. 8. iv) The building plan Shall be as per the provisions of prevailing norms/building bye laws. v) The minimum size which makes eligible for Motel is 1. 00 hectare. It shall be ensured that the area of site is 1. 00 hectare and the existing petrol pump on part of this land shall be demolished. vi) The four conditions specified by the nhai vide letter No. l3011/1/98-PU/tech. dated 1. 9. 2000 shall also be complied with. ECS means Equivalent Car Space.
( 4 ) THE plaintiff/applicant owns a land measuring 10,025 sq. meters in Village Rangpuri. This land is situated on National Highway No. 8 (in short NH-8 ). Availing the benefit of aforesaid permission granted by the Government of India for construction of Motels, the plaintiff applied to the defendant no. 1 DDA for granting planning permission for construction of the Motel on the said land. The application was made by the plaintiff on 23. 10. 2000 and received by the DDA on 23. 10. 2000 itself.
( 5 ) AS per requirement of bye-laws 6. 2. 4. 1 and 7. 1 of the BBL the DDA REFERRED TO the application of the plai
