Anz Grindlays Bank Plc. vs Lt. Governor Of Delhi And Ors.
2001 Latest Caselaw 1811 Del

JUDGMENT

Manmohan Sarin, J.

1. Rule.

2. With the consent of the parties the matter is taken up for disposal.

3. By this common order, I shall be disposing of C.W.P. Nos. 295/1996, 2515/96 & 2516/96, as there is a common question regarding the location and user is of premises in residential areas as Banks. The writ petition No. 295/96 is taken as the lead case.

4. Petitioner M/s ANZ Grindlays Bank has sought a declaration that the business of banking, undertaken by petitioner of public utility service and hence was permissible in a residential area under the Master Plan of Delhi. In particular, a writ of certiorari was sought for quashing circular bearing No. F-1(1)/95/Banks/EB/505 dated 26.7.1995 issued by respondent No. 2, DDA as being violative of Master Plan of Delhi, under Article 14 of the Constitution of India and provisions of Delhi Development Act. By the said letter dated 26.7.1995, the Commissioner (LM), DDA had informed the Bank that the Lt. Governor had been pleased to order that all branches of Bank functioning in non-conforming areas, should be shifted out by 31.12.1995 after which date, the premises would be sealed if Banks continued to operate from the said buildings. Petitioners had filed these writ petitions aggrieved by the aforesaid order. It is stated that the period requiring the banks to cease to operate from residential areas was subsequently extended to 30.6.1996.

5. Notice in the writ petition had been issue don 23.1.1996. Vide an interim order passed on 23.5.1996, status quo in respect of the petitioners' banks was directed to be maintained till the next date of hearing. The said interim order is continuing since then.

6. The controversy in this matter need not detain us any further on account of a subsequent development. The Central Government in exercise of powers, conferred by Sub-section (ii) of Section 11A of the DDA Act, 1956, issued a notification dated 7th may, 1999, modifying the provision in the Master Plan with regard to permitting user of residential areas. The modification was made in the Mixed Land Use Regulations. The relevant part of the notification is reproduced as under: "Nursing Home, Guest House and Bank shall be allowed in "residential plots" of minimum size of 209 sq. m. Facing a minimum road width of 18 mtrs wide (9 mts in special area and 13.5. mtrs. in rehabilitation colonies) subject to the conditions laid down in the guidelines issued in this regard."

7. Learned counsel for the petitioner, accordingly, placed reliance on this notification to urge that the petitioners do qualify the conditions specified in the notification and hence are entitled to continue to operate their branches from the existing premises. The only objection raised by learned counsel for respondent-DDA is that the petitioners should be asked to submit a representation seeking regularization in accordance with the notification. Mr. Gupta submits that the representation to this effect has already been made. In any case, to avoid any delay on this count, let the petitioners provide to the Commissioner (LM) DDA particulars of the representation already made with a copy thereof. A copy of the said representation and communication be also addressed to counsel for DDA to enable processing of the same. The interim order granted shall continue and ensure to the benefit of the petitioners till the representation is disposed of by the DDA by a speaking order.

8. Writ petitions stand allowed in the above terms.