( 1 ) IN this petition the petitioners, in effect, seek direction to the first respondent Municipal Corporation, of-Delhi (for short the MCD ) to extend, under S. 341 of the Delhi Municipal Corporation Act, 1957 (for short the Act ), the period of their building plan sanctioned earlier in a certain group housing scheme. The second respondent was at the relevant time Commissioner of the first res- pondent and had refused extension of the period. He has been impleaded as a party as his act of refusal termed as mala fide.

( 2 ) DURING the pendency of this petition, respondents Nos. 3 to 15 were impleaded as partics by order dated 21-9-1981. Respondent No. 3 is the association of respondents Nos. 4 to 15. The petitioners, as owners of the group housing scheme, had earlier sold various buildings, numbering 18, to respondents Nos. 4 to 15 and others, who later formed themselves into an association under the name of the third respondent. We will collectively describe these respondents as the association . These respondents are opposing the grant of any extension of time.

( 3 ) SHORN of unnecesary details, facts may be stated in brief. Standing Committee of the MCD approved the lay-out plan of the group housing scheme on a site situated on the junction of Alipur Road and Underhill Road. Delhi. This was done keeping in view the guidelines laid n the master plan a. nd the zonal plan of the area. The Delhi Development Authority (DDA), a body constituted under the Delhi Development Act 1957, had recommended that the area of the plot being more than one acre group housing with maximum of 37 flats might be allowed on the plot and that out of these two flat- would have to be reserved for service personnel, 11. 5 per cent of the plot was to be considered for parks playgrounds and tot-lots, and about 15 per cent of the land was to be used for providing zonal plan roads. The total area of the plot is 2. 367 acres and after leaving area required for road widening the net area is 2. 25 acres. The petitioners proposed to build 32 Dwelling Units (DUs) with two service personnel units. The density as per the master plan is 50 persons per acre whereas the petitioners had proposed 60 persons per acre which was higher than the permissible limit but was permissible in group housing provided however overall density of the zone was maintained. Following are the particulars which were noted in the resolution No. 1184 of the Standing Commitee dated 16-2-1965 by which approval was granted :- otal area of the site. . . . . 2. 361 acres Net area after leaving are required for road widening. roposed coverag one block 3816 30 sq ft. (a)Proposed coverag on ground floor for Full blocks and one block of approximately half or lull block 21009 90 sq. ft. (b) Proposed coverage on 1st floor. 210009 90 sq. ft. (c) Proposed coverage. on 2nd floor 21009 90 sq. ft. Coverage on all the floors 63029 7 sq. ft. Floor-Area Ratio 63029 70sq. fi Flats proposed. . . 32 Nos. +2 service per. sonnel 34 9. Populationproposed. . . 34x45153 persons 10. . Density proposed. . 68 persons/per acre 11. The area under parks and parking 19280 sq. ft. 12. The area under roods 18540 sq. ft 13. Area of open spaces. . . . 39187 87sq. ft. Before sanctioning the Standing Commitiee had con idered the zonal recommendations, DD a recommeadations, the ownership of the plot, services, sewer and storm water drains to be provided and the like. The group housing scheme wa recommended subject to the following conditions :-

"1. That the building plans will have to be got. approved by the Building Department in accordance with building bye-laws.

2. That all the services will have to be provided to the entire satisfaction of the Commissioner within a period of one year.

3. That a security amount, at the rate of Rs, 9. 25 paise per sq. yd. on the gross area will be deposited gainst proposed development work. "

( 4 ) THEN the owners submitted building plans which were sanctioned by