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2024 Supreme(Online)(DEL) 25394

HIGH COURT OF DELHI
Mini Pushkarna, J
SH. IQBALSINGH – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent
W.P.(C) 3978/2024



Advocates:
YEESHU JAIN

Headnote:

Fact of the Case:

The petitioner, a landowner in Village Palam, Delhi, filed a petition seeking directions to the Delhi Development Authority (DDA) to process his application for permission to construct a Senior Secondary School and Residential Housing Project under the Regulations for Enabling the Planned Development of Privately Owned Lands notified on 04th July, 2018.

Finding of the Court:

The court issued a notice to the DDA and directed it to file a reply within four weeks.

Issues: Whether the DDA is obligated to process the petitioner's application for permission to construct a Senior Secondary School and Residential Housing Project under the Regulations for Enabling the Planned Development of Privately Owned Lands notified on 04th July, 2018.

Ratio Decidendi: The court did not provide any reasoning or analysis in this order.

Final Decision: The court issued a notice to the DDA and directed it to file a reply within four weeks.

ORDER

% 15.03.2024 CM APPL. 16303/2024 (For Exemption)

1. Exemption allowed, subject to just exceptions.

2. Application is disposed of.

W.P.(C) 3978/2024

3. The present petition has been filed seeking directions to the respondent-Delhi Development Authority (“DDA”) to process the application dated 04th February, 2019 of the petitioner and grant him the permission for construction of Senior Secondary School and the Residential Housing Project in Village Palam under the Regulations for Enabling the Planned Development of Privately Owned Lands notified on 04th July, 2018.

4. Learned counsel appearing for the petitioner submits that the petitioner is the recorded owner and in actual vacant physical possession of land measuring 10 bigha 1 biswa 18 biswansi in Village Palam, Delhi.

5. She submits that the respondent-DDA published the Regulations, i.e., Regulations for Enabling the Planned Development of Privately Owned Lands on 04th July, 2018, whereby the private land owners were invited to apply to develop their respective land as per the Master Plan of Delhi.

6. She submits that after satisfying the prescribed applicability and conditions laid down in the said Regulations, the petitioner submitted his application on 04th February, 2019 for development of his private land.

7. It is submitted that the DDA is not processing the file of the petitioner and has not granted any permission to the petitioner till date. Thus, the present petition has been filed.

8. Issue notice. Notice is accepted by learned Standing Counsel appearing for the respondent-DDA.

9. Let reply be filed within a period of four weeks.

10. Rejoinder thereto, if any, be filed within two weeks thereafter.

Re-notify on 24th May, 2024.

11. MINI PUSHKARNA, J MARCH 15, 2024/kr

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