Point of Law: Dela laches - Development plan - Bidders who have made payments should not be made to suffer on account of the belated approach of the petitioner in writ petition

JUDGMENT :

JAYANT NATH, J.

CM APPLs. Nos. 48351/2019 (for interim relief filed by the petitioner) 18505/2020 (u/S 151 CPC filed by DDA)

1. This writ petition is filed seeking the following reliefs:-

“(a) directing the Respondents particular DDA to prepare the Development Plan and Development Layout Plan of urban Village Naharpur, Delhi considering the physical, social and cultural milieu of urban Village Naharpur and particularly provided playgrounds, open spaces, parks, proper phirni and circular roads and other amenities on the acquired land considering the ground realities and the future needs of the urban Village Naharpur, Delhi and provide said facilities particularly in portion of Pocket E-2 and E-1, Sector-7, Rohini, Delhi which area from three side suit surrounded urban village Naharpur and one side by sector road dividing Sector 7 and Sector 3 of Rohini or in alternative;

(b) direct the Respondent No.1 to issue directions to the DDA under section 22(3) of DDA Act or any other provision to prepare Development Plan and Development Layout Plan and also to provide playground, open spaces, parks in portions of Pocket E-2 and E-1, Sector7, Rohini, Delhi on the acquired land and at least leave the utilize the land equivalent to common land of Village Nahaipur, Delhi, which was in the name of Gram Sabha Village Naharpur, Delhi and for which no compensation was paid and same was transferred to DDA and which is vested in Union of India so as to provide playground, parks, open space and other amenities in portion of Pocket E-2 and E-1, Sector-7, Rohini, Delhi;

(c) Restrain the DDA from accepting the auction money of the No.30 to Plot No.51 of Pocket E-2, Sector-7, Rohini, Delhi and Plot No. 100 to Plot No.115 of Pocket E-1, Sector-7, Rohini, Delhi and the area shown in Green colour in Armexure-P9 and not to confirm the said auction and not to handover possession of said plots and not to permit to cut down the trees standing on the said land or raise any construction on the land of portions of Pocket E-2 and E-1, Sector-7, Rohini, Delhi.

(d) Direct the Respondent No.1 and 2 to hold enquiry and take action against the officials of DDA, who have failed to discharge their statutory duties to prepare the Development Plan and Development Layout Plan of urban villages particularly urban Village Naharpur, Delhi after DDA has received Urban Village Cess, prepared the project reports on urban villages and also receiving the grant during 7th Five Year Plan for providing various facilities including open spaces, playgrounds, parks and other amenities or under any other plan or project.”

2. On 08.11.2019, this court in the stay application CM No.48351/2019 passed the following order:-

“1. Mr.Relan informs me that the notice for e-auction was issued on 09.03.2019 and the last date for submission of bids along with EMD was 21.04.2019. The online bidding, according to Mr. Relan, was conducted on 24.04.2019.

2. In sum, Mr Relan says that e-auction stands concluded.

3. There is, however, no clarity as to whether any of the bids received have been confirmed.

4. Therefore, status quo as of today will be maintained till the next date of hearing.

5. Renotify the matter on 28.11.2019.

6. In the meanwhile, the respondents will file an affidavit in the matter. The affidavit will be filed within one week. Rejoinder thereto, will be filed before the next date of hearing.”

3. The said interim order continues to be in operation. The respondent DDA has filed CM No. 18505/2020 for vacation of the interim order dated 08.11.2019.

4. As per the writ petition, the said Village Naharpur is well known for participation of its youths in games, particularly in Volleyball. After acquisition, the said Village Naharpur became a part of Sector-7, Rohini, Delhi and is surrounded by Pocket E-1 to E-4. There is a playground in the Village Naharpur, which is now part of Pocket E-2, Sector-7, Rohini Delhi. This area, it is said, was used as a playground by Village Naharpur and is also the l