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1991 Supreme(Del) 30
High Court Of Delhi
UNION OF INDIA - Appellant
Versus
RAVI KHANNA - Respondent
Decided On : 01/18/1991
The interpretation of the Master Plan and Zonal Development Plan to determine the permissible land use of a plot of land is a question of law to be decided by the court.
Headnote:
LAND USE - DELHI DEVELOPMENT ACT, 1957 - SECTION 14 - MASTER PLAN, 1957 - CONSTRUCTION OF CLUB HOUSE ON PLOT OF LAND - PERMISSIBLE LAND USE - INTERPRETATION OF MASTER PLAN AND ZONAL DEVELOPMENT PLAN - VALIDITY OF SANCTION GRANTED BY DDA.
Fact of the Case:
Petitioners, residents of Friends Colony, challenged the permission granted by DDA to construct a new Friends Club on a plot of land between the Community Centre and C Block of the colony, alleging violation of Section 14 of the Delhi Development Act, 1957, and the Master Plan, 1957. The plot was claimed to be an open area/land earmarked as a public park by DDA.
Finding of the Court:
The court found that the plot in question was not earmarked as an open space or part of any green-ways under the old Master Plan. The construction of the club house was not in violation of the old Master Plan or Section 14 of the Delhi Development Act. The court also considered subsequent developments, noting that under the new Master Plan, the plot fell in a residential area where a club house could be built. The sanction for the club house was granted keeping in mind the proposed Master Plan, which had since come into force.
Issues: 1. Whether the construction of the club house on the plot of land was in violation of Section 14 of the Delhi Development Act, 1957, and the Master Plan, 1957? 2. Whether the plot of land was earmarked as an open space or part of any green-ways under the old Master Plan? 3. Whether the sanction granted by DDA for the construction of the club house was valid?
Ratio Decidendi: 1. The court interpreted the Master Plan and Zonal Development Plan to determine the permissible land use of the plot in question. 2. The court held that the words "master plan green" in the Zonal Development Plan did not describe the land use but were merely indicative of the color used in the Master Plan. 3. The court found that the plot in question was not earmarked as an open space or part of any green-ways under the old Master Plan. 4. The court held that the sanction granted by DDA for the construction of the club house was not in violation of the old Master Plan or Section 14 of the Delhi Development Act. 5. The court considered subsequent developments and noted that under the new Master Plan, the plot fell in a residential area where a club house could be built.
Final Decision: The court dismissed the writ petition, holding that there was no violation of law in permitting the user of the land for construction of a club house. The court found that the decision of DDA in this regard was taken after proper application of mind.
( 1 ) THE respondent DDA has sanctioned construction of new Friends Club on a plot of land between the Community Centre Friends Colony, New Delhi and c Block of the said colony. The petitioners challenge the permission granted by DDA to construct the said club on the said plot of land as being violative of Section 14 of the Delhi Development Act, 1957 (hereinafter referred to as the Act ) as well as the Master Plan, 1957 (hereinafter referred to as old Master Plan ). According to the petitioners, the plot of land in question on which the club building has been sanctioned is supposed to be an open area/land. The question involved in the petition, therefore, is as to what is the permissible land use in respect of the plot of land in question.
( 2 ) THE petitioners I to 3 are residents of c Block, Friends Colony, New Delhi and petitioner No. 4 is the Welfare Association of the residents of G-Block in Friends Colony. It is not known whether petitioner No. 4 is a 253 registered body but nothing will turn on this. However, all the petitioners challenge the use of the plot of land in question for building a club house. known as new Friends Club as being in violation of the land-use permissible by law. It is also the case of the petitioners that this plot of land is earmarked as a public park and it was so developed by the respondent/dda. The petitioners have pointed out that earlier a request had been made on behalf of New Friends Colony Housing Society for permission to construct a club on the said land and this request was not granted. The petitioners have annexed "draft minutes" of the meeting of the Institutional Allotment Committee of the DDA, held on 148. 86 at 12. 00 noon where Item No. 16 is the decision on that request. On that date the committee had. decided that the solely should be asked to make provision of land for a club within the society s land.
( 3 ) THE petitioners contend that the society known as New Friends Colony Housing Society has been developed on an are. i of 226 acres and as per the lay out plan of the said colony, schools, parks and other community facilities as per the standard laid down by the master plan are shown in the said lay out plan which has been duly approved by the respondent/dda. According to the petitioners a club is also one such community facility which. must come up within the lay out plan of this colony where community cum recreation facilities for the residents of the colony have to be provided. According to the petitioners a club can be made in a residential area.
( 4 ) THE Friends Colony and the New Friends Colony fall in Zones F. 1 and F. 7 of the Old Master Plan. According to the petitioners, there exists a composite zonal development plan for the said zones which was prepared and approved in 1966 in compliance with Section 9 of the Act. The petitioners contend that the plot of land on which the New Friends Club has been allowed to be constructed is a green area and acts as the buffer between the community centre of Friends Colony and the residents of C-Block in Friends Colony, New Delhi. The petitioners came to the Court when they saw construction being carried out on the plot in question.
( 5 ) THE construction of the said club has been undertaken pursuant to a decision of the respondent/authority which is annexed to the counter-affidavit of respondent No. 5 viz. . the New Friends Club Ltd. New Friends Colony, New Delhi and is on the records of the case. The document records the minutes of the meeting of the Technical Committee of the DDA held on 24. 7. 89 in the house of respondent No. 1. Allottment of land for Club was Item No. 131 of the Agenda and the decision taken is also in the paper book. On a perusal of this document it becomes clear that even though earlier the New Friends Colony Co-op. Housing Society had been asked to make provision of land for a club within the society s land, however on the case being subsequently examined and in view of no
