Devinder Gupta, J.

( 1 ) BLOCK-B4, Safdarjung Enclave Resident Association (for short "the Association") along with petitioners 2 to 9, who are also resident of Krishna Nagar colony having their houses adjacent to plot No. 21-22, in Krishna Nagar Colony, on 16. 8. 1990 filed this the petition. (CW. 2623/90) seeking numerous directions, inter alia, to the effect that plot of land adjacent to plots No. 21-22, Krishna Nagar, New Delhi and shown as red in the lay out plan and attached to the petition is required to be developed into a park. Mandatory direction was sought against respondent/d. D. A. to develop it as such and also to ensure that no construction activities is carried out on the land adjacent to plots 21-22 and for sealing of any unauthorized construction and taking action in accordance with law for demolition of unauthorized construction and for rejecting of any sanction granted to respondents 4 to 6 for constructing building adjacent to the piece of land ear-marked for park. The prayers made in the said writ petition (C. W. 2623/90) reads:-

"a) declare that a plot of land adjacent to plot No. 21-22 Krishna Nagar, New Delhi and shown red in layout plan of DDA, Annexure 1 hereto is required to be developed into a park and that Respondents 1 to 3 are obliged to develop and ensure that the same is developed into - park and is not used or developed for any other purpose by any person;

B) direct Delhi Development Authority (Respondent No. 3) to develop the piece of land adjoining plot No. 21-22 Krishna Nagar, New Delhi, marked red in layout plan of DDA (Annexure-1) here to into a park in accordance with the layout plan prepared by it for the colony;

C) direct respondent No. 3 to ensure that no construction activity is carried on the land adjacent to plot No. 21-22 Krishna Nagar, New Delhi marked red in layout plan of DDA, Annexure-I here to and to stop any unauthorized construction on it and ensure that the said land is developed as a park;

D) direct Respondents 1 and 2 to get the construction on the land adjoining plot No 21-22 Krishna Nagar, New Delhi marked red in layout plan of DDA, Annexure-1 hereto and also on plot No. 21-22, Krishna Nagar, New Delhi stopped immediately and seal and demolish the construction already constructed on the said lands;

E) direct Respondents No. 1 and 2 to cancel\revoke the sanction granted to respondents 4 to 6 for constructing a building on Plot No. 21-22 Krishna Nagar, New Delhi and the adjoining piece of land earmarked for a park;

F) direct respondent No. 1 to demolish the unauthorized and illegal construction raised by respondents 4 to 6 on the land earmarked for park adjoining plot No. 21-22 Krishna Nagar, New Delhi being contrary to the law and the sanctioned plans.

G) direct respondents to ensure that the construction on plot No. 21-22 Krishna Nagar is in accordance with law and the sanctioned plans and that the same shall be used also in accordance with law and the purpose for which the plans have been sanctioned by Respondent No. 1. "

( 2 ) IT appears that after the said writ petition was preferred, owners of plots No. 21-22 filed Civil Writ No. 2803/ existing old structure and electric connection functioning for many years. Old construction was demolished and new construction work was started. In the meanwhile, the Associatn along with other residents, who were not happy, started making various complaints. During the progress of construction certain orders were passed by the M. C. D. purporting to be under Section 345a of the Delhi Municipal Corporation Act. Before receipt of the sealing orders, no notice was served upon the petitioners. Basement of the property was sealed. Aggrieved by the said order, the petitioners filed appeal. In the meanwhile, Association and residents filed Civil Writ No. 2623/90. It was alleged that as the matter was pending in this Court, therefore, the petitioners were also constraint to approach this Court seeking appropriate directions, in the facts and cir

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