Pradeep Nandrajog, J.

1. An authority known as the Delhi Development Authority was established under the Delhi Development Act, 1957. It was charged with the statutory duty of preparing a Master Plan for Delhi. It was also charged with the statutory duty of preparing the Zonal Development Plans, which included the lay-out of various colonies in Delhi. The colony of Vasant Kunj was one such colony conceived of under the Zonal Development Plans prepared by Delhi Development Authority and for which, after acquiring the lands the Central Government placed the same at the disposal of Delhi Development Authority for development; residential plots to be sold and flats constructed on some land to be sold to the allottees by Delhi Development Authority.

2. The colony Vasant Kunj was divided into four sectors viz. A, B, C and D with each sector having pockets within.

3. We are concerned in the appeal with Pocket-5 in Sector-C, wholly envisaged as per the lay-out plan sanctioned by Delhi Development Authority as a residential colony. The pocket has 61 plots of various sizes. Spanning 25000 sq.metrs. area the 61 plots, of various sizes have a spread over 13400 sq.metrs. 6700 sq.metrs are under roads and the remaining 4900 sq.metrs has been shown for a park. The land shown for park is ‘Z’ shaped, and to illustrate it, it would as under:-

“Z” SHAPE”

4. The small square within the ‘Z’ shaped plot has been shown in the lay-out plan for a Community Hall.

5. It needs to be highlighted at the outset that the ‘Z’ shaped plot having 6700 sq.mtrs. area shown for a park is as per a scale and though the dimensions of the Community Hall have not been indicated, in comparison and with reference to the proportion of the size earmarked for a Community Hall viz-a-viz size of a park it is clear that the Community Hall site would be within the vicinity of around 200 sq.mtrs.

6. The appellant had to file a writ petition when Delhi Development Authority allotted land ad-measuring 618.42 sq.mtrs in Sector-C, Pocket- 5 to Lala Baijnath Bhagaria Charitable Society for purpose of establishing a Community Hall-cum- Library and Reading Room. The contention of the appellant in the writ petition pleaded before the learned Single Judge was that the land earmarked as a park could not be used for a purpose other than the prescribed use. It was pleaded that as per the Delhi Development Act, 1957 the Master Plan was the conceptual document with reference whereto Zonal Development Plans had to be prepared. The Zonal Development Plans envisaged development in two parts : (i) carving out single entity plots for construction of buildings thereon; and (ii) flats to be constructed on some large plots and sold. District Centres and Shopping Complexes in residential colonies to be earmarked was another requirement of the Zonal Development Plans. It was pleaded that preparation of Zonal Development Plans required facilities to be identified and laid such as roads, drains, water supply, electrification etc. It was pleaded that the standard practice was that after colonies were developed for purposes of maintenance the same were handed over to the Municipal Corporation of Delhi. It was pleaded that with this concept Vasant Kunj, having four sectors, was conceived of. Further pleadings were as per paras 3 to 5 hereinabove.

7. In paragraph 26 of the writ petition it was pleaded as under:-

“The lay-out plan for C-5 may be examined. In one of the two parks (the one on the north) it provides for a small ‘community hall’. The community means the community living in the pocket while the community hall’means what the word implies – a place where the local community can get together. The community hall in this case would be a small hall measuring, say, about a 90 sq.mtrs and would be available for the use of the bonafide residents of the area for purposes like:-

i. An occasional party by a resident

ii. Condolence/prayer meeting

iii. A periodic get together of the residents

iv. For the persons h