The main legal point established in the judgment is that the legality of construction is determined by the conformity with the Master Plan, Zonal Development Plan, and Layout Plan, and the permissible land use for the designated purpose.

INDERMEET KAUR, J.

1. The petitioner in W.P. (C) No. 4429/2015 is Ashok Vihar, D Block, Residents Welfare Association. The grievance of the petitioner is that an illegal and unlawful construction in property measuring 1378.47 square meters situated at Block-D, Ashok Vihar, Phase-I, New Delhi is being permitted to be raised; it is a plot allotted by the Delhi Development Authority (DDA) in the residential block and the aforenoted construction which is a huge multi storey building is in violation of the provisions of the Master Plan Delhi-2021 (MPD-2021) as also Delhi Building Laws and Delhi Building Byelaws, 2014. Respondents No. 1 & 2 (Delhi Development Authority and North Delhi Municipal Corporation respectively) are permitting this unauthororized construction to come up on this residential block. This is in active connivance of the private respondent who is the interested party i.e. Lawrence Road Modern Educational Society. The prayer in the petition seeks a cancellation of the perpertual lease deed dated 17.05.2006 executed in favour of respondent No. 4. The second prayer is to revoke the sanction plan which has been granted on 18.07.2008 followed by a revalidated sanction plan dated 17.07.2014 in favour of respondent No. 4 as they are contrary to the terms and conditions of the aforenoted lease deed as also to the provisions of MPD-2021.

2. The petitioner in W.P.(C) No. 5883/2015 is Malti Jain. She is a resident of D-157, Phase-I, Ashok Vihar. Her grievance is the same as also in the aforenoted petition. The grievance being that inspite of several complaints having been addressed to the requisite authorities which includes the concerned SHO of PS Ashok Vihar, construction work is being permitted in the aforenoted block and respondents No. 2 & 3 (Delhi Development Authority and North Delhi Municipal Corporation respectively) are in active connivance with respondent No.1 (Lawrence Road Modern Educational Society) in allowing this construction to continue. This school is facing her property. Submission being that this is against the MPD-2021 and applicable building byelaws. Her prayer is that the aforenoted structure be demolished and the lease granted in favour of respondent No. 1 by respondents No. 2 & 3 be cancelled forthwith.

3. Counter affidavit has been filed by the NDMC as also the DDA. The private respondent has also filed his response/counter affidavit.

4. The stand of the DDA in both the petitions is common. Their stand being that a valid allotment for running a nursery school has been made in favour of respondent No. 4 i.e. Lawrence Road Modern Educational Society. The society is duly registered under the Societies Registration Act, 1860. The society had applied for a plot of land in the year 1978. This was sponsored by the Directorate of Education, Delhi Admin. Respondent No.1 had allotted a nursery school plot measuring 0.25 acres to respondent No. 4 on 22.08.1989 at NS-11, Lawrence Road vide allotment of the same date. Since the physical possession of the plot could not be handed over in time, proceedings were initiated by respondent No. 4 by filing W.P. (C) No. 2323/1997 wherein the DDA had undertaken to handover the physical possession of the site to respondent No. 4. Since there was an illegal encroachment, the physical possession still could not be handed over to respondent No. 4. On 23.07.2003, the Society informed the DDA that although possession of the land had been handed over on paper but since actual physical possession had not been handed over, they requested for an alternate allotment of a plot of the same size preferably at Ashok Vihar, Pitampura/Shalimar Bagh. Accordingly plot No. NS-2 which was originally a single plot marked for a nursery school as approved in the layout plan Wazirpur Residential Scheme Phase 1 (Ashok Vihar Phase-1) was sub-divided into two parts on 22.12.2001. This sub-division was approved by the Commissioner (Planning)/DDA on 22.11.2001 i.e. on same day. After the sub-