The failure of the Corporation to reject the layout plan within 60 days meant that the plan was deemed to have been passed, and therefore the petitioners' land fell within the exception in the notification and could not be acquired.

( 1 ) THIS writ petition by Shri masi Kamla Bhandari and Shrimati Kaushalaya Devi against the Chief Commissioner, Delhi, Commissioner Municipal Corporation, Delhi Standing Committee, Municipal Corporation Delhi, Town Planner, Municipal Corporation, Delhi and Delhi development Authority, New Delhi respondents Nos. I to V under Article 226 of the Constitution has arisen out of the following circumstances: -

( 2 ) THE two petitioners, their sisters and sisters-in-law owned the land comprising Khasra numbers 373, 374, and 494/375 situate in area of village Kharera, Tehsil Delhi. Petitioner No. 2 for the planned development of the aforesaid land applied to respondents Nos. II to IV for sanction of a layout plan. Subsequently respondent No. 1i on 9th April, 1959, directed the petitioners to submit the services plan which was done by them on 6th December. 1959, in collaboration with their other relatives who owned land closely. This plan was considered by respondent No. 1ii in the meeting held on 17th February, 1960, when a decision in the terms as given below was taken (Annexure I) :

"the applicant wanted to have seven additional plots by reducing the open space earmarked in the Sector Plan but the Commissioner agreed to recommend her case if only five additional plots were provided in the layout plan. "petitioner No. 2 in persuance of the aforesaid decision received a. comunication from respondent No, IV on 4th May, 1960, vide letter (Annexure II) which amongst other things also provided :

"if the suggestion is acceptable to you, yon may please submit complete documents, plans and other information, for your proposal as required under section 313 of the Delhi Municipal Corporation Act, 1957 so that the case could be scrutinised and for warded to the standing Commiitee for necessary action. "petitioner No 1 also received back along with this letter the layout plan (Annexure II-A) suggesting the argument of the five plots as acceptable to the Corporation authorities. There upon petitioner No. 2 to cut short the matter submitted the plan on the lines suggested by the Corporation authorities but it was not sactioned within the stipulated period of 60 days as provided in section 313 of the Delhi Municipal Corporation Act, 1957 (hemin after referred to as the Act ). The Chief Commissioner by Notification No. F 15 (245)60-LSG/land H dated 24th October, 1961 (Annexure IV) issued under section 4 of the Land Acquisition Act, 1894, also acquired the land belonging to the petitioners. This Notification provided:

"it is here by notified that the land, measuring about 16,000 acres and marked with blocks Nos. I to 24, and coloured blue, in the enclosed map (Annexure I) and the discription of which has been given in Annexure II, excepting the following lands in blocks referred herein : (a)* * * * * * (b)* * * * * * (e) the land in respect of which layout plans and services plans have been Sanctioned by the competent authorities before 24th October, 1961. (d)* * * * * * * * is likely to be required for the above purpose. "the petitioners alleged that in tern, of the above exception in the Notification their land in question coyld not be deemed to have been notified under section 4 for acquisition on the grounds as reproduced below:-

(I) That in t rms of section 313 of the Delhi Municipal Corporation Act, 1957 and particularly in terms of delay of more than sixty days on the part of respondent No. 1ii, the petitioners cannot be stopped from utilising or otherwise dealing" with their lands in terms of the specific provisions of section 313 (3) and (5) of the Delhi Municipal Corporation Act, 1957. (ii) That section 313, sub-section (3) gives a limited power to the Corporation to sanction a lay out or refuse to sanction a lay out or to ask for further information but it does not, especially when read with sub-section (5) of section 313 of the said Act gives power to the Corporation to with hold sanction indefinitely, and if it withholds sanction