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IN THE HIGH COURT OF DELHI
Jayant Nath, J.
Netaji Subash Place Traders Welfare Association (Regd.) - Appellant
Versus
Delhi Development Authority - Respondent
W.P. (C) 1820 of 2020 & CM Appls. 6325 of 2020 and 25907 of 2020
Decided On : 25-01-2021
The court emphasized the importance of legitimate expectations of infrastructure provision in urban development, requiring authorities to consider community needs before proceeding with commercial auctions.
Headnote:(A) Delhi Development Act, 1957 - Writ Petition for revocation of e-auction process - Petitioners sought detailed infrastructure plans from the DDA amidst concerns over parking shortages and traffic congestion - Court mandated DDA to consider petitioner representations before auction confirmation. (Paras 1-3, 4, 7, 19)
(B) Principles of Legitimate Expectation - Court recognized the expectation of residents for adequate infrastructure amidst development changes and found the DDA's auction plans disregarded this. (Paras 11-13)
Facts of the case:
Petitioners contended that their area lacks sufficient parking and infrastructure, worsening public health concerns due to proposed auction of commercial plots. Respondent DDA assured measures to address parking issues.
Findings of Court:
DDA committed to improving parking facilities, expected to auction additional plots for multilevel parking, resulting in increased capacity.
Issues: Whether DDA's auction process should proceed without considering adequate infrastructure for area residents and expected parking needs.
Ratio Decidendi: DDA's duty to address community concerns regarding infrastructure was reaffirmed, and auction confirmation was conditioned upon compliance with infrastructure considerations.
Result: Interim order vacated as measures to improve parking were assured.
| Table of Content |
|---|
| 1. writ petition seeks to revoke e-auction process. (Para 1 , 2) |
| 2. court's initial order addressing trader concerns. (Para 3) |
| 3. arguments regarding parking scarcity and infrastructure. (Para 4 , 5 , 6) |
| 4. dda's assurance about parking solutions. (Para 7 , 11 , 12) |
| 5. details on parking shortfall and proposals. (Para 8 , 10 , 16) |
| 6. court's direction on dda compliance. (Para 13 , 14) |
| 7. interim order vacated; dda to report compliance. (Para 17 , 18 , 19 , 20) |
JUDGMENT
Jayant Nath, J.
CM No.6325/2020
1. The present writ petition is filed by the petitioner Association seeking to revoke the process of e-auction of the commercial plots No. G-2, G-4 and plot No. G-1 at District Centre, Netaji Subhash Place, New Delhi. Reliefs are also sought to issue an appropriate mandamus to the respondents to provide detailed design of surface, multilevel parking and street parking facilities along with the indicative locations of pedestrian areas, vendors, public amenities, toilets, green space, etc. and to follow the guidelines framed by the new MPD-2021.
2. CM No. 6325/2020 is filed by the petitioner seeking stay of the operation of complete process of e-auction of the above noted commercial plots through online bearing dated 17.02.2020 by DDA till the pendency and disposal of the writ petition.
3. On 19.02.2020, this court had passed the following order:
"1. The petitioner association is aggrieved by the fact that the subject plots are being put to auction without addressing the problems of the traders and the occupants of the area vis-a-vis traffic.
2. Insofar as the DDA is concerned, it shall deal with the pending representations of the petitioner association and the occupants. For this purpose, DDA will invite the representatives of the petitioner association and the resident/occupants for hearing.
3. The DDA will also take inputs from the experts to ease the traffic congestion in the subject area. In this behalf, the experts will be called upon to give their opinion concerning not only how to manage the traffic congestion in the subject area as it obtains currently but also how it is to be managed in the future as well given the increase in traffic density.
4. This exercise will be completed by the DDA within six weeks from the receipt of a copy of this order. Pending this exercise, while the auction process can go on, it will not be confirmed without permission of the Court.
5. For the aforesaid purpose, the officers of the North Delhi Municipal Corporation as well as Traffic Department of Delhi Police can also be called by the DDA for providing their inputs.
...."
Hence the above order put a partial restraint on auction of the three plots in question.
4. DDA has filed CM No. 25907/2020 stating that the directions issued by this court vide order dated 19.02.2020 have been complied with by DDA as they have passed a speaking order dated 11.09.2020. It is stated that the writ petition be dismissed and the interim order be vacated.
5. In the accompanying writ petition, it is stated that the petitioner Association including the occupants and daily visitors of the said area are facing problem of scarcity of parking space at the Netaji Subhash Place, District Centre. The said area is extremely crowded with heavy footfalls of visitors on a regular basis due to various small and large corporate offices, MNCs, Banks, hospitals, etc. The parking system at Netaji Subhash Place is not managed properly on account of small parking places due to which the occupants/employees/clients/visitors suffer a lot. Representations were sent to DDA on 23.12.2010 and 05.05.2014.
6. It is further pleaded that despite such an alarming situation, respondent No. 1-DDA is bent upon making the auction of vacant commercial plots to general public which may result into more impediments, harm and congestion in the area. In fact, the respondent should have considered to convert the said commercial plots into proper multilevel parking lots or automated
