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IN THE HIGH COURT OF DELHI
Pradeep Nandrajog, J.
M-Block Welfare Society Greater Kailash-I - Appellant
Versus
Municipal Corporation of Delhi - Respondent
Civil Writ Petition 1089 of 2003, 1374 of 2003, 6192 of 2004, 13909 of 2004, 17395 of 2004
Decided On : 10-12-2004
JUDGMENT
Pardeep Nandrajog, J. A host of issues arise for consideration in the batch of writ petitions. Counsel for the petitioners submit that blatant unauthorised constructions in residential areas on residential plots is continuing and residential buildings are being converted to non-residential buildings and are being used for commercial purposes and, therefore, some interim orders need to he passed. Accordingly, details arguments were heard pertaining to some of the issues of immediate concern so that pending further arguments, some interim directions, which may even be conclusive of some of the issues may be passed.
2. The expression "Rule of Law" has a number of different meanings and corollaries. Its primary meaning is that everything must he done according to law. In the present batch of cases, I am called upon to straighten, by the process of interlacing, provisions of Delhi Development Act, 1957 and the Delhi Municipal Corporation Act, 1957, pertaining to planning.
3. Planning is a 20th Century governmental activity. It has its roots in housing. Housing in turn has its roots in public health. Petitioners beseech this Court to prevent development, in the city of Delhi, being blighted. As observed by H.W.R.Wade (Administrative Law) 5th Edition at page 163:-
"Planning control aims to prevent the anti-social use of land, and to some extent also to promote the social use of it through `positive planning' by local authorities."
4. The primary planning law in Delhi is the Delhi Development Act, 1957. It can be compartmentalized into three parts, excluding provisions dealing with the finance, account and audit of the authority, namely, Delhi Development Authority.
5. Like any other planning law, its first component is the preparation of over all plans. Section 7 to Section 11 stand attracted. The second is the acquisition and disposal of land which is governed by Sections 15 to 22 of the Act. The third is control and development of land in Delhi regulated by Sections 12 to 14.
6. In the present petition, I would not be concerned with the second component pertaining to acquisition and disposal of land. I am to deal with the other two components.
7. Amongst others, preparation of Master Plan and Zonal Development Plans, are two of the statutory duties of the authority. These duties flow from Sections 7 and 8 of the Act. Section 7 and relevant part of Section 8 read as under:
Section 7
(1) The Authority shall, as soon as may be, carry out a civic survey of and prepare a master plan for Delhi.
(2) The master plan shall
(a) define the various zones into which Delhi may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to he used (whether by the carrying out thereon of development or otherwise) and the stages by which any such development shall be carried out; and
(b) serve as a basic pattern of frame-work within which the zonal development plans of the various zones may be prepared.
(3) The master plan may provide for any other matter which is necessary for the proper development of Delhi.
Section 8
(1) Simultaneously with the preparation of the master plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a zonal development plan for each of the zones into which Delhi may he divided.
(2) A zonal development plan may
(a) .....
(b) ........
(c) ......
(d) in particular, contain provisions regarding all or any of the following matters, namely:
(i) the division of any site into plots for the erection of buildings;
(ii) to (X) .........
(xi) the restrictions regarding the use of any site for purposes other than erection of buildings, and
(xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area.
8. Section 9 of the Act reads:
9.(1) In this Section and in Sections 10, 11, 12 and 14 the word "
