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2009 Supreme(Del) 261

AJIT PRAKASH SHAH, SANJIV KHANNA
Rohit Dhupar – Appellant
Versus
LT. Governor – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: D.D. Singh, Adv.
For Respondents/Defendant:M.N. Krishnamani, Sr. Adv. and Mohinder Singh, Adv. for Respondent No. 5, Sangeeta Chandra, Adv. for DDA, Ajay Arora and Kapil Dutta, Advs. for MCD, Gaurav Duggal, Adv. for UOI and Anand Yadav, Adv. for Respondent No. 6

JUDGMENT

Sanjiv Khanna, J.

.1. The five petitioners are residents of New Friends Colony and have filed the present Public Interest Litigation for quashing and setting aside allotment of 500 sq. mts. of land to the New Friends Colony Temple Society (hereinafter referred to as respondent No. 5, for short) by the Delhi Development Authority (hereinafter referred to as DDA, for short). It is alleged in the Petition that this 500 sq.mts. is part of a land earmarked for a park and the allotment, therefore, is contrary to the Master Plan of Delhi, 2001 (hereinafter referred to as MPD 2001, for short). It was submitted that land use from park to any other use cannot be changed without complying with the provisions of Section 11A of the Delhi Development Act, 1957 (hereinafter referred to as DD Act, for short).

2. DDA has filed two reply affidavits. In the first affidavit filed on 12th March, 2001, it is stated that the respondent No. 5-Society had made a request for allotment of 500 sq.mts. of land for residential quarters for Service personnel. After due consideration, 500 sq. mts. of land earmarked for "Multi Purpose Community Usage" in the Lay Out Plan was allotted to the respondent No.











































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