( 1 ) THIS common order shall govern the disposal of two petitions as common questions of fact and law arise in the two. The property involved is shown in the site plan Annexure -C (in CWP 4776/93 ). It appears to be one plot of land. The area covered by hatches belongs to M/s. JMP Mfg. Co. Pvt Ltd. , the petitioner in CWP NO. 4776/93. The property situated on southern side, contiguous to the property abovesaid belongs to M/s. Prem Chand Kapoor, Balram Kapoor and Kailash Kishore Kapoor, petitioners in CWP 939/94. It is not disputed that this piece of land forms part of khasra No. 241, 242, 243, 244 245/1, situated in extended Abadi area of village Budhpur, Bijapur, Delhi. The construction of the petitioners is in progress which is sought to be sealed and demolished as unauthorised construction by the respondent DDA. The petitioners seek writ, order or direction prohibiting such demolition or sealing of the structure so far constructed on the abovesaid piece of land.

( 2 ) ACCORDING to the petitioners the construction on the abovesaid piece of land was commenced in the year 1990-91 and 1991-92. By notification dated 24. 8. 1963 issued in exercise of the power conferred by sub-clause 9 (1) of clause (3) of section 507 of the Delhi Municipal Corporation Act, 1957, the M. C. D. with the previous approval of the Central Government exempted the rural areas lying within village abadis from the provisions of Sections 332 to 336, 342 and 347 of the Act with effect from 19. 11. 1959. This exemption came to an end on 6. 5. 1992 when in exercise of the power conferred by S. 12 (1) of the Delhi Development Act, 1957, the Administrator of Union Territory of Delhi declared 9000 hector area is `development Area which included the said land as well. Prior to 6. 5. 1992, no law prevented the petitioners from raising any construction of their own choice on their own land. It is a vested right incapable of being taken away by the notification dated 6. 5. 1992. It is submitted that a structure, construction whereof had commenced prior to 6. 5. 1992 is entitled to be completed as per the plan of the owners without regard to the provisions of the Delhi Development Act, 1957; the relevant building regulations having been extended to the land of the petitioners w. e. f. 6. 5. 1992 only.

( 3 ) THE respondent - DDA has strongly refuted the petitioners plea of the construction work having been commenced by the petitioners prior to 6. 5. 1992. According to the DDA this construction had commenced after the issuance of the notification dated 6. 5. 1992. The DDA has further submitted that after the notification of the area as a development area, no development of any nature could be carried out on the land in question without obtaining the permission in writing from the DDA. On 6. 4. 1993, report Annexure R2 was received from the Assistant Commissioner of Police informing that the petitioners were making unauthorised construction. It was followed by another similar communication dated 10th May, 1993, Annexure-R3. The field staff of the DDA had reported on 14. 1. 1993 (Annexure-R4) the unauthorised construction having commenced on the land in question. As per the report, there were coming up three halls-one each on the ground floor, first floor and second floor. On 14. 1. 1993, a notice (Annexure R-5) was issued under Section 30 (1) followed by an order under Section 31 (1) of the Delhi Development Act. Efforts at serving the notice failed on 8th to 22nd January, 1993 as none was available to accept the service and hence service was effected by affixture at the site. Another notice dated 2. 2. 1993 (Ex. R6) also could not be served personally and had to be affixed at the site on 15. 2. 1993. As none appeared to show cause against, the order of demolition (Annexure-R7) was passed on 26. 2. 1993 and was served by affixation on 10. 3. 1993 for failure of personal service in similar circumstances. 3. 1 Pursuant to the interim orders made in the