The main legal point established in the judgment is that the requirement for DUAC approval for building plans is not applicable until the area comes under the Lutyens Bungalow Zone (LBZ), and the exclusion of large residential buildings from DUAC approval based on plot size and road width.

JUDGMENT

Najmi Waziri, J. This petition seeks the following reliefs:

"A. Certiorari, quashing the letter dated 14.09.2004 issued by the respondent No.1 consequently the order dated 13.10.2004 alleged to have been passed by the respondent No.2 and communicated to the petitioner by the respondent No.2 vide letter dated 14.10.2004.

B. Mandamus directing the respondent No.2 to release the sanctioned building plans to the petitioners in regard to their property No. 35, Golf Links, New Delhi.

C. Certiorari, quashing the notice dated 23.09.2004 bearing No.CA/39/STC/S issued by the respondent No.2."

2. The petitioners' case is that they had applied for sanction of Revised Building Plan of their property bearing No. 35, Golf Links, New Delhi, admeasuring 1,570 square yards abutting a 80 feet wide road (more than 24 meters). The said property had been converted from leasehold to freehold in 2002. The Building Plan was submitted on 06.05.2003 in terms of the previous Building Bye-laws and Master Plan-2001. The plan was sanctioned by letter dated 03.07.2003 and construction ensued. Pursuant to vacation of the stay on Notification dated 23.07.1998 by the Supreme Court on 12.12.2003, additional FAR, coverage area and height became available to the petitioners. They could either construct up to the permissible additional FAR or to get the already extra built-up area compounded, as per Rules. The petitioner submitted the Revised Building Plans on 04.03.2004, for approval of the third floor. It was sanctioned by NDMC on 20.08.2004. As of that date Golf Links area/colony was considered outside the Lutyens Bungalow Zone (`LBZ').

3. An affidavit filed on behalf of R-1, through an Under Secretary, Delhi Division, Ministry of Urban Development (`MOUD'), Government of India, states that till 01.09.2004, Bengali Market area and Golf Links area were considered outside LBZ, in accordance with MOUD's letter dated 08.10.1997. Therefore, cases related to buildings in these areas were not referred by NDMC to Delhi Urban Art Commission (`DUAC'). Annexure-2 to the said affidavit lists ten instances between 31.01.2001 and 01.09.2004 in which Building Plans were sanctioned by NDMC, without reference to DUAC. Except two plots of land 1045.54 sq.mts and 1250.06 sq.mts in Golf Links and the petitioners' land being the largest of them all, with a size of 1570 sq.mts, the other plot sizes were under 314 sq.mts. The five plots in the Bengali Market area admeasured only 177.67 sq.mts. The road width in each of the cases was less than 24 mts. The petitioners' plan had already been sanctioned on 20.08.2004 i.e. prior to the Golf Links area was brought into the LBZ. It is only when an area falls under the LBZ that reference to DUAC would become necessary, otherwise LBZ would have no jurisdiction in the matter. The sanction of the petitioners' Revised Building Plan was intimated to them through a letter issued on 20.08.2004. It is reproduced as under:

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4. Clause V of the aforesaid letter required the petitioners to submit NOC/approval from DUAC. The legal basis for the same is not specified in the aforesaid approval letter. Ex facie, the aforesaid condition would be applicable only if there was a legal mandate for the same. In the absence of a legal requirement, the said condition would be of no consequence and the approval of the revised plan would have to be read as complete irrespective of clause V.

5. On 12.08.2005, this court had recorded in its order as under:

"Issue involved in the writ petition is whether enforcement of NBZ with effect from 1.9.2004 would take away rights of those who had obtained approval as per FAR applicable prior to 1.9.2004."

6. This question was reiterated in orders dated 18.08.2006 and 13.11.2006. In compliance of the directions issued on the latter date, the respondents placed on record Minutes of the Meeting convened by the MOUD including members from NDMC and DUAC. The meeting was held on 18.10.2006 and it records, inter-alia, as un