J U D G M E N T

MINI PUSHKARNA, J: (ORAL)

CM APPL. 27695/2024

1. The present application has been filed on behalf of the petitioner for early hearing of the matter.

2. Considering the submissions made, the present application is allowed and the matter is taken up for hearing today.

3. With the aforesaid directions, the present application is disposed of.

W.P.(C) 7384/2023

4. The present petition has been filed seeking direction to the respondent nos. 1 and 2, more particularly respondent no.2, i.e., Delhi Development Authority (“DDA”) to update, correct and upload the corrected image/map of the unauthorized colony, i.e., Wazirpur Extension Village, Ashok Vihar, Delhi with registration no. 346, as shown on the DDA portal (PM-UDAY CELL).

5. It is the case on behalf of the petitioner that the petitioner is an association registered under the Societies Registration Act, representing the residents of village Wazirpur in Delhi.

6. The counsel for the petitioner submits that initially respondent no.1 issued a Provisional Regularization dated 17th September, 2008 towards the said colony. The colony was then regularized in 2019, when the National Capital Territory of Delhi (Recognition of Property rights of residents in Unauthorized Colonies) Act, 2019 came into force and included the said colony in the list of unauthorized colonies that are to be regularized.

7. It is submitted that during the process of regularization, it was found that the correct plan of the unauthorized colony, i.e., Wazirpur Extension Village, Ashok Vihar, Delhi had not been uploaded, due to which many of the residents have been unable to apply and seek the benefits of the PM UDAY Scheme, due to want of proper delineation of the aforesaid colony. Thus, the present writ petition has been filed for directions to the respondents to update, correct and upload the corrected image/map of the aforesaid colony.

8. It is submitted that the PM UDAY Scheme is meant for regularization of unauthorized colonies and the petitioner fulfils all the criteria for the said Scheme. However, the only thing missing is a correct map of the said colony on the portal of respondent no.2, for which the petitioner has even fulfilled all requisite requirements. Despite the same, DDA has failed to update, correct and upload the corrected image/map of the colony in question.

9. Having heard learned counsels for the parties and having perused the record, this Court notes that by order dated 04th April, 2024 it had been noted that the respondent no. 3 had stated its consent to share the co- ordinates of the polygon boundary of the Wazirpur Extension Village with DDA. The order dated 04th April, 2024 reads as under:

“1. Attention of this Court has been drawn to the affidavit filed on behalf of respondent no. 3, wherein it has been stated as follows:-

“xxx xxx xxx

7. To address this issue, it is further submitted that in compliance of order of Hon'ble Court GSDL is ready to share the co-ordinates of the polygon boundary of Wazirpur Extension Village with DDA which can be uploaded by the DDA to effectively serve the purpose.

xxx xxx xxx”

2. Accordingly, it is directed that respondent no. 3 shall share the coordinates of the polygon boundary of Wazirpur Extension Village with Delhi Development Authority (“DDA”) within a period of week.

3. At request, list on 02nd May, 2024 in the “Top Five matters in the Advance List”.

4. The next date of hearing of 23rd July, 2024 stands cancelled.”

(Emphasis Supplied)

10. At this stage, it is also relevant to note the affidavit filed on behalf of respondent no.3-Geospatial Delhi Ltd, relevant portions of which, read as under:

“xxx xxx xxx

3. That it is submitted that Geospatial Delhi Ltd (hereinafter referred as GSDL) creates maps on the basis of information/data provided by various departments. The ownership of the said data/information continue to be with the concerned department.

4. It is submitted that GSDL was directed by Respondent No. I i.e., Urban Development Department, GNCTD vi