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IN THE HIGH COURT OF DELHI
Vikas Mahajan, J.
Rahul Dhaka Vikas Society Regd. - Appellant
Versus
Delhi Development Authority - Respondent
W.P.(C) 13303 of 2022
Decided On : 21-09-2022
Petitioner lacked a vested right to use DDA land for a religious function due to ongoing development for a Sports Complex, affirming the authority of DDA to refuse permission.
Headnote:(A) Delhi Development Authority Act - Land use and allocation - Writ Petition seeking permission to use land for religious function - Petitioner, a registered society, claimed right to organize Ramleela on DDA land, which is under development for a Sports Complex - DDA refused permission citing ongoing construction works. (Paras 3, 4, 9)
(B) Rights of societies - No vested right for the society to claim land allotment solely based on past permissions - Prior permissions do not establish an entitlement under current circumstances. (Paras 9, 10)
Facts of the case:
The petitioner has been organizing a Ramleela annually at Indra Park, which is owned by DDA and currently used as a playground. DDA has reserved part of the park for a Sports Complex and cited ongoing construction work as a reason for denial of permission.
Findings of Court:
The court found that allowing the petitioner to use the land would delay the time-sensitive construction of the Sports Complex, which serves the public interest.
Issues: The primary issue was whether the petitioner had a right to compel the DDA to grant permission for a religious function on land already in active development.
Ratio Decidendi: The court concluded that the DDA's refusal was justified due to the development activities underway and highlighted that prior permissions do not confer a right to future use in changed circumstances.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. petitioner seeks permission for ramleela. (Para 3 , 4 , 5 , 6) |
| 2. dda argues construction has begun. (Para 7 , 8) |
| 3. delay in construction from granting permission. (Para 9) |
| 4. court distinguishes previous decision. (Para 10) |
JUDGMENT
Vikas Mahajan, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
CM No.40356/2022 (for exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 13303/2022
3. The present writ petition has been filed by the petitioner seeking the following reliefs:
"i) issue immediate directions to the Respondent No.1 to permit the Petitioner Society to use the land at Indra Park, Jalebi Chowk, Sultanpuri, Delhi for holding/organizing/staging religious/social functions on account of Ramleela from 25.09.2022 till 05.10.2022;
ii) earmark/allow/permit any other similarly situated park/land in the vicinity to the Petitioner society to use for holding/organizing/staging religious/social functions on account of Ramleela from 25.09.2022 till 05.10.2022;"
4. The petitioner is a society registered under the Society Registration Act, 1860 and has been organizing religious and social functions from time to time. The petitioner had also been organizing a Ramleela every year at Indra Park, Jalebi Chowk, Sultanpuri, Delhi which is a park owned by the DDA and is presently being used as a playground by children.
5. The learned counsel for the petitioner submits that the park in question has two parts: one of which has been allotted for the construction of a hospital, whereas the other part has been reserved by the respondent no.1/DDA for developing a Sports Complex. He further submits that on the portion of the park reserved for the Sports complex, no construction has been undertaken. Drawing the attention of the Court to the photographs filed by the DDA along with its counter affidavit, the learned counsel submits that neither the boundary wall has been erected nor any digging has commenced.
6. He further submits that the petitioner/society had made a representation to the respondent no.1/DDA as early as 11.07.2022 requesting for grant of NOC for organizing a Ramleela function from 25.09.2022 to 05.10.2022 which was followed by reminders dated 03.08.2022 and 10.08.2022. He submits that as no construction has yet been started on the land reserved for developing Sports Complex, therefore DDA could have granted permission to the petitioner for organizing a Ramleela function in the said park.
7. The learned counsel for the respondent no.1/DDA, on the other hand, refutes the above contentions of the petitioner. She submits that the respondent no.1/DDA has filed its counter affidavit wherein it has expressed its inability to grant permission to the petitioner/society to use the said land for staging a Ramleela function from 25.09.2022 to 05.10.2022 on the ground that the part of the land which had been reserved for developing the Sports Complex has been transferred to the respondent no.3 for construction and a work tender has already been awarded to M/s. Surender and Company vide Award Letter No.F.4(18)EE/SMC/DDA/2022-23/270. Moreover, the site in question has also been handed over to the agency and the construction work has already begun. The relevant paragraphs of the counter affidavit read as under:
"3. That the DDA is unable to grant the permission to the petitioner society to use the said land for organizing religious/social function from 25.09.2022-05.10.2022 because the said plot of land has been sub-divided and a portion of the said land has been handed over for the construction of hospital and the construction of the same is under progress. The remaining part of land has been transferred to Respondent no. 3 ie Executive Engineer, Sports Management Cell, SBS Stadium Siri Fort, New Delhi in 2019 for the scheme for construction of sports complex and a work tender has been already awarded and the site
