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2019 Supreme(Del) 1800
IN THE HIGH COURT OF DELHI AT NEW DELHI
JAYANT NATH, J.
Vikas Vasudeva and Others - Appellants
Versus
Land & Development Officer and Others - Respondents
Writ Petition (Civil) No. 3123 of 2016; Civil Miscellaneous Application No. 13345 of 2016, 27123 of 2019, 27124 of 2019
Decided On : 17-10-2019
Sandeep Sethi, Adv., Neeraj Yadav, Adv., Aditi Sharma, Adv., Manish Mohan, Adv., Manisha Saroha, Adv., Sudhir Nandrajog, Adv., Puja Kalra, Adv., Rukhmini Bobde, Adv., Nivesh Kumar, Adv., Naveen Pushkarna, Adv., Ashish Mohan, Adv., Naveen Kumar Raheja, Adv.
The central legal point established is that the location of the petrol pump must be in conformity with the ZDP and the MPD, and any modification of lay out plans must adhere to the prescribed procedure.
Headnote:
Land Allotment - Zonal Plan, MPD 2021 - Sections 8, 9, 11A of The Delhi Development Act, 1957
Fact of the Case:
The petitioner sought to quash the allotment of land for a CNG fuel pump, claiming it was earmarked for a playground/park. The court stayed the allotment and noted the land was vacant. The respondents argued the land was earmarked for residential use and permitted for a fuel station.
Finding of the Court:
The court found that the land was earmarked for a park and the allotment for a petrol pump was illegal. It referenced MPD 2021 and the zonal plan to support its decision.
Issues: Dispute over land use and allotment for a CNG fuel pump, interpretation of MPD 2021 and zonal plan, authority to modify lay out plans.
Ratio Decidendi: The court relied on MPD 2021 and the zonal plan to determine the permissibility of a petrol pump. It emphasized that any modification of lay out plans must be in conformity with the ZDP and the MPD.
Final Decision: The court quashed the allotment of land for a petrol pump, ruling it illegal and contrary to the zonal plan and layout plan.
JUDGMENT :
Jayant Nath, J.
This Writ Petition is filed by the petitioner seeking a Writ of Certiorari or any other appropriate order for quashing the allotment of land admeasuring 1080 sq.meter as shown in L&DO plan at No.1706, Shankar Road, Old Rajinder Nagar, New Delhi by respondent No.1, namely, L&DO in favour of respondent No.4/Hindustan Petroleum Corporation Limited for running of a CNG Fuel Pump. Other connected reliefs are also sought.
2. The case of the petitioner is that the petitioners are the residents of the colony Rajendra Park, New Delhi. The said land is earmarked and maintained for the purpose of playground/park. It is further stated that in W.P.(C) 2345/2014 titled "Court on its Own Motion vs. Union of India" on 16.4.2004 the court took up the PIL regarding maintenance of children park. Status Report was directed to be filed by the concerned Municipal Corporations. Pursuant to the order passed in the said Writ Petition a meeting took place with the Chief Secretary. Minutes were drawn up on 21.7.2014. The said Minutes clearly lists out the park in question in this petition, namely, Mahavir Park, Old Rajender Nagar. The case of the petitioner is that the land in question measuring 1080 sq.meters being allotted to respondent No.4 was part of a larger area of 3109.9 sq.meters meant for a park. It has been pointed out that despite the above respondent No.1has written to respondent No.4 on 12.1.2016 pointing out that the plot measuring 1080 sq.meters at 1706 Shankar Road, Old Rajender Nagar has been temporarily allotted to respondent No.4 for putting up a Filling-cum-Service Station.
3. It is further stated that the area falls in zone B-3 Municipal Area. A perusal of Masterplan 2021 (hereinafter referred to as 'MPD 2021') reveals that there is no provision made for additional fuel station in the said zone. Reliance is placed on sections 8,9 and 11A of The Delhi Development Act, 1957 to submit that for modification of the Masterplan and Zonal Plan it is incumbent upon the authority to place a notice in this regard and invite objections and suggestions from the public for considering the same. It is stated that in the absence of change in the zonal plan the land cannot be used as a fuel station. As despite several representations the respondents have not changed the plan hence the present writ petition.
4. The present Writ Petition came up for hearing on 8.4.2016 when this court stayed operation of letter dated 12.1.2016 issued by L&DO to respondent No.4 allotting the land in question. A direction was also passed that no construction activity will be done on the subject land. On 2.5.2019 this court had noted that the entire land is lying vacant as there is not a blade of grass on it. The learned senior counsel for MCD assured that 500 trees would be planted in the said park and the same shall be dutifully maintained. This was to be done without prejudice to the rights and contentions of the parties.
5. Respondent No.1/L&DO has filed its counter-affidavit. It is stated in the Counter-Affidavit that the land in question has been allotted temporarily to respondent No.4. It is further stated that there is no park on the land in question. It is claimed that as per lay out plan the same is an open space. It is further pleaded that under the Masterplan there is a provision of allotment of green land for allotment of petrol pump on temporary basis.
6. Respondent No.3/DDA has filed its Counter-Affidavit. DDA has confirmed that as per the Zonal Development Plan of zone B i.e. the zone in question the land in question is earmarked for residential use/zone. This zonal development plan was approved on 8.3.2010. Further, as per clause 12.12 of MPD 2021, petrol pump it is pleaded are permitted in all use zones except recreational use zone. Further, as per norms for fuel station given in table 12.6 of MPD 2021 two fuel stations per 15
