The court emphasized that the sub-division of plots for residential purposes should aim to provide more people with residential plots, and the modification of a layout plan confined to a particular colony does not necessarily require following the procedure prescribed in Section 11A of the Delhi Development Act.

V.K.Jain, J.

Plot No. C-32, Friends Colony (East) initially measured 800 square yards. Subsequently, considering that since residential plots being developed by DDA were sold partly by draw of lots to persons belonging to low and middle income groups and the size of said plots did not exceed 200 square yards whereas plots of bigger sizes were being sold by auction, the Government of India, with a view to see that big size plots were not sold by auction, decided that no plot of land for residential purposes, which was more than 400 yards, should be sold by auction by DDA. It was also decided that even if such plots which were disposed of by auction in the past, revert to DDA it should be possible to divide such plots into smaller ones and then sold, so that the size of a plot does not exceed 400 square yards. Pursuant to the aforesaid policy decision of the Government which was communicated to the Lieutenant Governor vide letter dated 06.06.1973, Commissioner (Land & Disposal) of DDA wrote to Commissioner, Planning that since plot No. C-32, measuring 800 square yards in Friends Colony had become available for disposal and had been earmarked for being sold by way of auction, considering the above-referred policy of the Government, it was proposed to divide the said plot into two or three plots and modify the lay out plan approved earlier by the Competent Authority so that the plot could be disposed of. Pursuant thereto, DDA modified the layout plant of Friends Colony and divided plot No C-32, Friends Colony into two plots, measuring 400 square yards each. The sub-division of the plot was done vertically, as a result of which two plots having dimensions 30 ft. X 120 ft. each stood carved out and became available for being sold by auction. The plots, so sub-divided, were given plot numbers as C-32A and C-32B. Plot No. C-32A adjoins House No.C-31 in which one flat each is owned by the petitioners before this Court.

2. Vide notification dated 22.09.2006, Government of India made certain modifications in the Master Plan for Delhi with effect from the date of publication of the said notification in the Gazette of India. In terms of the said notification, the following Development Control Norms became applicable for construction on residential plots in Delhi:-

S.No.		Plot Size (in sqm)		Minimum Setbacks (in metre)
		Front	Rear	Side (1)	Side (2)
1	Below 100	0	0	0	0
2	Above 100 and up to 250	3	0	0	0
3	Above 250 and up to 500	3	3	3	3
4	Above 500 and up to 2000	6	3	3	3
5	Above 2000 and up to 10000	9	6	6	6
6	Above 10000	15	9	9	9

Clause VII (a) of the said notification reads as under:-

“In case the permissible coverage is not achieved with the abovementioned setbacks in a plot, the setbacks of the preceding category may be allowed.”

3. It would thus be seen, while constructing a plot, measuring 800 square yards, 4 setbacks one in the front, one in the rear and one each in the side are required to be left. For construction on plot measuring 400 square yards, three setbacks are required, one in the front, one in the rear and one on either side. In case, it is not possible to achieve the permissible coverage which, to my mind, means permissible FAR, the norms in respect of plots measuring between 100 and up to 250 square metres were to apply, while constructing a plot measuring 400 square years, meaning thereby that there would be no need to leave any side setback or rear setback and only a front setback is required.

4. The petitioners are aggrieved on account of no side back having been left while approving the building plan for construction of plot No. C-32A which is adjoining the building in which one flat each is occupied by them. The contention of the learned senior counsel for the pe