Single Judge held appellants lack right to claimed land; transfer to theatre group was valid per zonal plan. High Court dismissed intra-court appeals and rejected condonation of delay applications.
Applications for condonation of delay rejected; appeals against Single Judge's order dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBEDAR MAJOR ISHWAR DASS SURI ..... Appellant Through Mr. Siddharth Luthra, Sr. Advocate with Mr. Amit Sharma, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents Through Mr. Ravinder Agarwal, CGSC & Mr. Nitish Gupta, Advocate for UOI & L&DO. Ms. Preeti Gupta, Advocate for Mr. P.K. Mittal, Advocate for respondent No. 2-DDA. Ms. Maninder Acharya, Advocate for MCD.
WITH
2. LPA 534/2011
DEFENCE COLONY ASSOCIATION BLOCK A ..... Appellant Through Mr. Siddharth Luthra, Sr. Advocate with Mr. Amit Sharma, Advocate.
versus
UNION OF INDIA & ORS ..... Respondents Through Mr. Ravinder Agarwal, CGSC & Mr. Nitish Gupta, Advocate for UOI & L&DO. Ms. Maninder Acharya, Advocate for MCD.
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA
LPA Nos.532 & 534 of 2011 Page 1 of 8
O R D E R % 10.08.2011
CM Nos. 11478-11479/2011 in LPA No. 532/2011 CM Nos. 11489-11490/2011 in LPA No. 534/2011
Exemption applications are allowed, subject to all just exceptions.
CM No. 11477/2011 & LPA No. 532/2011 CM No. 11488/2011 & LPA No. 534/2011
These are applications for condonation of delay. We have heard Mr. Siddharth Luthra, learned senior counsel along with Mr. Amit Sharma, learned counsel for the appellant on the question of delay. Before issuing notice to the respondents, we have thought it appropriate to dwell into the issue on merits. Be it noted, while dealing with the said issue we have been assisted by Mr. Ravinder Agarwal, learned Standing Counsel for the Union of India, Ms. Preeti Gupta, learned counsel for DDA and Ms. Maninder Acharya, learned counsel for the MCD.
LPA Nos.532 & 534 of 2011 Page 2 of 8
LPA Nos.532 & 534 of 2011 Page 3 of 8
stated that an area admeasuring 2.8 acres were earmarked for Junior Commissioned Officers‟ Club. It is claimed that representations were made for allotment of the said land for the club but without success. However, by the letter dated 31st October, 1972, assurance was given by the Ministry of Works and Housing, that the land would be made available to the appellant society. It was/is the claim of the appellants that the land should be made available to the appellant society either free of cost or on payment of a nominal rate of Rs.5,000/- per acre in terms of the press note issued in 1965. It is alleged that the land measuring 0.72 acre was transferred to the children theatre group for nominal consideration of Rs.25,000/- though the said earmarked land was/is marked for the club in the zonal development land and that there is violation of Master Plan as well as layout plan as the theatre cannot come up at the said location. It is further alleged that if the theatre is allowed to come up it will lead to collapse of infrastructure as there are large number of houses in the surrounding area.
LPA Nos.532 & 534 of 2011 Page 4 of 8
children theatre group in 1963 on payment of Rs.25,000/-. They have been in possession of land since 1966 and it is their case that because of the objections raised by the appellants and others, they have not been able to effectively use and carry out construction. Defence Colony was carved out of the land which was acquired in 1911 and was Nazul land. The ownership of the said land measuring 0.72 acre was never transferred to the appellant society. Respondent authorities have pointed out that two plots measuring 6.2 acres plot and 3 acres were earmarked for Officer‟s club in Sector „C‟ and JCO‟s Club in Sector „A‟ respectively. These were to be developed by the Ministry of Defence but they did not show any interest in developing the clubs. Accordingly, 6.2 acres of land was divided into 4 plots and allotted to various institutions. Out of 3 acres of land earmarked for JCO‟s club, 0.72 acre was carved out and allotted to the children theatre group. Before the allotment, the land use was changed to recreational. The said allotment had taken place way back in 1963. It also transpires that a club had already come up in Defence Colony. Therefore, the residents of the area have access and can utilize the club facilities.
LPA Nos.532 & 534 of 2011 Page 5 of 8
LPA Nos.532 & 534 of 2011 Page 6 of 8
Development Plan, the use is indicated as partly for club and partly for social and cultural use (public and semi public use). Learned single Judge has further observed that the appellant had not filed any document on the basis of which it can be inferred that the allotment of the plot to the children theatre group violates any statute, Master Plan or zonal plan. The children theatre group, it is pointed out, is a social service organization and its object and purpose is to advance and coordinate activities of school children and others. It is obvious that the children theatre group will have to use the plot as per zonal plan and not violate the same. Appellant cannot object to the use of plot as per zonal plan and in case of violation, the statutory authorities are is entitled to take action.
8. After opining this, learned single Judge has held thus:-
“38. In the entirety of the facts and circumstances, the petitioners have failed to make out a case seeking directions from this Court to issue a writ to Union of India and L & DO to transfer or sell or lease the land admeasuring 2.8 acres at concessional rates or free of cost in favor of the petitioners nor the petitioners are entitled for a direction to quash the sale of portion of the land admeasuring .72 acres made by the UOI and L&DO to the Delhi Children‟s Little Theatre.”
LPA Nos.532 & 534 of 2011 Page 7 of 8
CHIEF JUSTICE
SANJIV KHANNA, J
AUGUST 10, 2011 dk
LPA Nos.532 & 534 of 2011 Page 8 of 8
2 issues framed by the court
Whether appellants have a legal right to the allotment of the land in favour of the children theatre group based on past representations.
Whether the transfer of land to the theatre group violates the Master Plan or Zonal Development Plan.
ISHWAR DASS SURI
DEFENCE COLONY ASSOCIATION BLOCK A
UNION OF INDIA
DELHI DEVELOPMENT AUTHORITY
MUNICIPAL CORPORATION OF DELHI
DELHI CHILDREN LITTLE THEATRE
SANJIV KHANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
