The Municipal Corporation of Delhi (the Corporation) is aggrieved by an order dated 23rd October, 2002 passed by a learned Single Judge in WP (C) No. 7697/2000. According to the Corporation, the learned Single Judge erred in directing release of the building plans of the Respondent even though they were not in conformity with the building bye-laws. We agree with the Corporation that the building plans were sanctioned conditionally and the crucial date when the building plans were considered, the building bye-laws relied upon were not operative. Therefore, the Corporation had no option but to reject the building plans submitted by the Respondent.

2. At the outset, we may state that the view canvassed by the Corporation in the writ petition before the learned Single Judge is quite different from the view placed before the learned Single Judge in the review petition and also before us. We have proceeded on the basis of the view canvassed before the learned Single Judge in the review petition and also before us.

The facts:

3. The Respondent is the owner of a plot measuring 1.029 hectares in village Rajokari, Tehsil Vasant Vihar, New Delhi. The building bye-laws applica