* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 08 July 2024 Judgment pronounced on: 28 August 2024 + W.P.(C) 10311/2019 KANHAIYA LAL ..... Petitioner Through: Mr. Dinesh Choudhary, Adv.

versus DELHI DEVELOPMENT AUTHORITY AND ORS.

..... Respondents Through: Ms. Kritika Gupta, Adv. for R-

1/DDA.

Mr. Sriharsha Peechara, Standing Counsel for the NDMC Ms. Harishita Gupta, Mr. Akshat Kulshreshtha and Mr. Shubham Kumar Mishra, Advs.

for SDMC.

Ms. Nidhi Raman, CGSC with Mr. Zubin Singh, Adv. for R-

2,3,5/UOI. CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

J U D G M E N T

1. The petitioner has preferred this petition under Article 226 of the Constitution of India seeking issuance of directions in the nature of writ of prohibition to restrain the respondent/Delhi Development Authority [“DDA”] from constructing a boundary wall on an open space adjoining his house bearing Plot No. A-124, Lajpat Nagar-IV, New Delhi, which is claimed to be a corner plot, so as to block door Signature Not Verified Digitally Signed By:PRAMWOD.P. (C) No. 10311/2019 Page 1 of 19 and windows of his three-side open plot/the last house in a row of houses.

2. At the outset, the issue that arises before this court for a decision is: whether the proposed action of the respondent DDA to construct a wall and the apprehension of creation of third-party interests on the open strip of land adjoining Plot No. A-124, Lajpat Nagar-IV, New Delhi, which is envisaged to be used and allotted for residential purposes is in violation of the terms & conditions of the initial allotment and in violation of Zonal Development Plans.

FACTUAL BACKGROUND:

3. Briefly stated, it is admitted that the Ministry of Rehabilitation, [MOR] which merged with the Ministry of Home Affairs, allotted the land to the petitioner's father, a migrant from Pakistan, under the Administration of Evacuee Property Act, 1950, and the Displaced Persons (Compensation and Rehabilitation) Act, 1954. Accordingly, vide an order dated 07.01.1958 of the Office of the Housing and Rent Officer cum Additional Settlement Commissioner, the father of the petitioner, namely Shri Sewa Ram was allotted two adjacent plots, House No. A-123 and A-124, in Block IV-A, Lajpat Nagar- IV, based on a regularized layout plan maintained by the Municipal Corporation of Delhi [“MCD”]. Evidently, the plan dated 3.01.1961 depicted the plot numbers in sequence viz., A-1 to A-150, B-1 to B-150, and so on, including roads, school land, open spaces, and parks, following prevailing rules and regulations. It is the case of the petitioner that at the time of allotment in 1958, the regularized layout plan of Lajpat Signature Not Verified Digitally Signed By:PRAMWOD.P. (C) No. 10311/2019 Page 2 of 19 Nagar-IV explicitly delineated which plots were two-side open, three- side open, or end houses. The government authorities permitted owners to select their plots in accordance with the allotment policy of the Ministry of Rehabilitation, which stipulated that three-side open plots or end houses were priced at Rs. 1440/-, while two-side open plots were priced at Rs. 1350/-, thereby including a premium of Rs 90 for the three-side open plots. Accordingly, the owners of plots A-123 and A-124 were allocated two adjacent plots of 100 square yards each: Plot A-123, being a two-side open plot, was settled at Rs 1350, whereas plot A-124, being a three-side open plot, the consideration of which was settled at Rs 1400. As per the petitioner, the said valuation was confirmed by the Department of L&DO, as per the valuation register, dated 03.09.1959.

4. It is further stated that the building plan for the ground floor of plots A-123 and A-124, based on the revised layout plan of Lajpat Nagar- IV, was sanctioned on 04.03.1959 by the Deputy Municipal Engineer, in accordance with the Building Bye-Laws of The Delhi Municipal Corporation Act, 1957, [BBL], which as per the petitioner, also allowed doors, windows, and sunshades for ventilation on public land for three-side op