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2015 Supreme(Del) 651
High Court of Delhi
SURESH KAIT, J.
Registrar, University of Delhi – Appellant
Versus
Union of India & Others – Respondent
W.P.(C) No. 2743 of 2012
Decided On : 27-04-2015
For the Petitioner:V.P. Singh, Sr. Advocate with Ankur Chibber, Prashant Sivarajan, Advocates.
For the Respondents:Sandeep Sethi, Sr. Advocate with Prashant Mehta, Himanshu Kapoor, Arun Birbal, Sanjay Singh, Sushil Kr. Tripathi, Proxy Counsel, Anita Pandey, Tarun Joshi, Advocates, A.S. Rao, Law Officer from DMRC.
The land use of a particular area would stand determined as per the Master Plan and the zonal plans prepared by the DDA and its Authority.
Headnote:
Delhi University v. Union of India & Ors. - [2015] 159 DLT 502 (Del) - DDA's decision to allow development control norms as applicable under the clause 'Group Housing' viz 200 FAR without height restriction on 2.0 Hectare plot leased by DMRC to respondent No.12, and praying inter alia for quashing the decision taken by DDA and direct the respondents to follow 'Development Control Norms for Metro Stations' viz 25% ground coverage and 100 FAR with no height restrictions, is upheld. The land use of the 3.05 Hectare land was changed to 'Residential' vide Notification dated 23.09.2005, Development Control Norms for Residential Plot-Group Housing only will apply and no other norms are applicable to this plot. The controversy whether the 'Development Control Norms for Residential Plot-Group Housing' or the 'Development Control Norms For Metro Stations' apply to the said plot in question, was the subject matter before this Court in WP(C) 3135/2010. The issue was finally set to rest after DDA in a meeting held under the directions of this Court and chaired by Lt. Governor decided on 21.01.2011 and 12.05.2011, that Group Housing Norms with no height restriction will apply in respect of subject 2.0 Hectare plot.
Fact of the Case:
Delhi University filed a petition challenging the DDA's decision to allow development control norms as applicable under the clause 'Group Housing' viz 200 FAR without height restriction on 2.0 Hectare plot leased by DMRC to respondent No.12. The petitioner prayed for quashing the decision taken by DDA and direct the respondents to follow 'Development Control Norms for Metro Stations' viz 25% ground coverage and 100 FAR with no height restrictions.
Finding of the Court:
The Court upheld DDA's decision to allow development control norms as applicable under the clause 'Group Housing' viz 200 FAR without height restriction on 2.0 Hectare plot leased by DMRC to respondent No.12. The Court held that the land use of the 3.05 Hectare land was changed to 'Residential' vide Notification dated 23.09.2005, Development Control Norms for Residential Plot-Group Housing only will apply and no other norms are applicable to this plot. The Court further held that the controversy whether the 'Development Control Norms for Residential Plot-Group Housing' or the 'Development Control Norms For Metro Stations' apply to the said plot in question, was the subject matter before this Court in WP(C) 3135/2010. The issue was finally set to rest after DDA in a meeting held under the directions of this Court and chaired by Lt. Governor decided on 21.01.2011 and 12.05.2011, that Group Housing Norms with no height restriction will apply in respect of subject 2.0 Hectare plot.
Issues: 1. Whether the DDA's decision to allow development control norms as applicable under the clause 'Group Housing' viz 200 FAR without height restriction on 2.0 Hectare plot leased by DMRC to respondent No.12 is valid? 2. Whether the land use of the 3.05 Hectare land was changed to 'Residential' vide Notification dated 23.09.2005, Development Control Norms for Residential Plot-Group Housing only will apply and no other norms are applicable to this plot?
Ratio Decidendi: 1. The Court held that the DDA's decision to allow development control norms as applicable under the clause 'Group Housing' viz 200 FAR without height restriction on 2.0 Hectare plot leased by DMRC to respondent No.12 is valid. 2. The Court held that the land use of the 3.05 Hectare land was changed to 'Residential' vide Notification dated 23.09.2005, Development Control Norms for Residential Plot-Group Housing only will apply and no other norms are applicable to this plot.
Final Decision: The Court dismissed the petition filed by Delhi University.
1. Vide the present petition, the petitioner University prayed, inter alia, as under:-
a. Issue a writ of certiorari in favour of the petitioner and against the respondents thereby quashing / setting aside the impugned decision taken by the respondent no. 3, i.e., DDA in its meeting held on 12th May, 2011, wherein the respondent no. 3 while acting contrary to the mandate of the Master Plan Delhi – 2021 and the development control norms for metro stations as stipulated under chapter 12 of the Master Plan Delhi – 2021 has so allowed the respondent no. 12, i.e., M/s. Young Builders (P) Limited to construct a high rise multi-storey group housing society in the control zone of Zone-C and has further by virtue of the impugned decision has been pleased to allow development control norms as available to any group housing under MPD-2021, including a FAR of 200 and maximum ground coverage of 33.3%, without any height restrictions and has further allowed the plot leased out of the Respondent no. 12 by the Delhi Metro Rail Corporation, i.e., Respondent 10, i.e., plot admeasuring 2 Hectares as a separate entity segregating it from the total land acquired for metro station i.e., 3 Hectares and has further been pleased to allow development controls as applicable under the clause “Group Housing” as per the provisions of MPD-2021 to the segregated 2 Hectares plot, which act of Respondent no. 3 is against the mandate of law and more so is in totally ignorance of the MPD-2021, Zonal Plan of Zone ‘C’ & the provisions of the Delhi building By-Laws. b. Issue a writ of mandamus in favour of the petitioner and against the respondents thereby directing the respondents to follow the mandate of the Master Plan of Delhi – 2021 and in more particularly the development control norms as contained in the Gazette Notification dated 20th January, 2005 (incorporated under Chapter-12 of the Master Plan of Delhi – 2021) relating to Zone-C;
2. Facts of the case, in brief, are that in March, 2000 Delhi Metro Rail Corporation Ltd. (hereinafter referred to as DMRC) wanted to acquire land for its Metro Station, i.e., Vishwavidyalaya Metro Station falling under Zone-C of MPD 2021 and for the said purpose identified various bungalows for acquisition. On 02.05.2000 Ministry of Urban Development granted it’s no objection for the acquisition of the bungalows. The land use of the proposed land to be acquired was changed from ‘residential’ to ‘public purpose’. Accordingly, notification under section 4(1) of the Land Acquisition Act, 1984 was issued on 15.12.2000. A declaration was made under section 6 of the Land Acquisition Act, 1984 on 14.02.2001. Consequently, the Land Acquisition Collector passed an award on 11.09.2001 and land measuring 3.05 Hectares situated in Zone-C (Civil Lines Zone) at Mall Road was duly handed over and mutated in the revenue records in favour of the respondent No.10 DMRC.
3. Thereafter, on 21/23.07.2003 Ministry of Urban Development and Poverty Alleviation granted approval to permit the respondent No.10 / DMRC to generate resources through property development within the period of 6 to 20 years. Respondent No.3, Delhi Development Authority (hereinafter referred to as DDA) issued a notification No.500(E) on 16.04.2004 in accordance with the provisions of section 44 of the Delhi Development Act, 1946 (hereinafter referred to as DD Act) inviting objections/suggestions on the modification proposed by the Central Government with a view to modify MPD 2021. On 20.01.2005 land use provisions of Master Plan Zonal Development Metro Stations along with Property Development with Control Norms was notified by virtue of a Gazette notification. On 23.09.2005, Government of India notified change in land use from ‘public and semi-public’ to ‘residential’.
4. Accordingly, on 12.02.2007 DDA informed DMRC that in view of the change of land use, the MPD and the Z
