Rajiv Sahai Endlaw, J.

1. The petition impugns the letter dated 22nd January, 2008 of the respondent MCD directing the respondent No. 3 Mr. Dinesh Chhabra, being the predecessor-in-interest of the petitioner qua ground floor and rear portion of the basement of property No. C-1, Panchsheel Enclave, New Delhi to have the respondent No. 4 Kotak Mahindra Bank Ltd. (KMBL) to stop its functioning from the said premises within 7 days; the petition also seeks directions for permitting use of the said premises for banking purposes.

2. Clauses 15.7.2 and 15.3.2 of the Master Plan for Delhi 2021 read as under:

"15.7.2. The minimum ROW of a street or stretch of road on which the above-mentioned other activities are permissible is as follows:-

In A & B Colonies : 18m ROW in regular plotted development. Notes Banks and fitness centres shall however, not be permissible, except those already operating as on 07.09.2006.

In C & D Colonies : 18 m ROW in regular residential plotted development, 13.5m ROW in rehabilitation colonies and 9m ROW in regularized-unauthorized colonies, resettlement colonies, Walled City, special area and urban villages; and in pedestrian shopping streets (of less than 6 m ROW)

In