Gh-13, Paschim Vihar Dda (Sfs) ... vs Municipal Corporation Of Delhi ...
2002 Latest Caselaw 221 Del

JUDGMENT

A.K. Sikri,J.

1. This writ petition is filed in public interest by the petitioner which is a society registered under the Society Registration Act. The petitioner is an association of the residents of GH-13, Paschim Vihar, New Delhi. Adjacent to this colony is Jwalapuri which houses PVC market. The divide between petitioner's colony and Jwalapuri is a road of 40 ft. width. The grievance of the petitioner is that in contravention of Master Plan of Delhi and Zonal Plan of the area residential line in Jwalapuri is being misused for commercial purposes and illegal and unauthorised structures have come up. The occupants of these structures who are doing commercial activities and dealing with PVC for manufacturing and trading purposes are expanding their activities in the area although it is hazardous activities. It is also stated in the petition that from May, 1990 till the filing of the writ petition in 1996, six major incidents of fire have occurred which have not only affected the people in Jwalapuri but the residents of the petitioner's colony also. The activity by PVC market generates noxious fumes and unbearable heat which is fanned into the colony by strong surface winds and this is causing health and other hazards. There has been a large scale of abandonment of the houses by the residents of the petitioner's colony due to proximity of PVC in Jwalapuri.

2. It is further pleaded in the writ petition that a Committee was appointed by the Govt. of NCT of Delhi to examine the feasibility of shifting the Jwalapuri PVC market which submitted its report on 9th June, 1995. It is also stated that the respondent No.1 by order and public notice dated 4th August, 1995 banned forthwith plastic waste and PVC material trade including stocking and collecting of such products from Jwalapuri and other adjoining localities.

3. Feeling aggrieved by this order, writ petition No.2902/95 was filed which was dismissed by this court vide judgment and order dated 12th April, 1996 and the relevant extracts of the said order are reproduced below:

"It was a condition of the allotment made to the traders that the plots would have single storey construction with only 40% covered area but the traders not only raised 100% construction but also 3 or 4 stories without leaving any open space and without obtaining any sanction. They also occupied unauthorizedly the common areas, public lands, streets and roads and all possible available open space. The dealers increased manifold and as against 479 allottees there were about 2000, functioning in the market.

As per the Master Plan 1962 (extract copy filed) the land where Jawalapuri market was situated is marked for residential houses.

The fact remains that the land on which these traders were settled was set apart for residential use in the Master Plan and it could not have been diverted to any use other than residential except after changing the land use in accordance with Section 11A of the Delhi Development Act, 1957. Continuance in Jwalapuri of such traders along with their trading and manufacturing activities would be only in defiance of the provisions of Master Plan."

4. It is also stated that the petitioner in the meantime filed another Public Interest Litigation bearing CWP No.513/96 which was allowed vide judgment and order dated 22nd March, 1996 directing the authorities to enforce the ban ordered by notification dated 3rd August, 1995. Pursuant to this judgment, the trade has now come to an end and certain open areas which were unauthorizedly encroached upon have since been cleared. However, the DDA has now decided to allot plots for purpose of trade although area in question is earmarked for residential purposes. The petitioner in the present writ petition is aggrieved by this decision of the DDA and has filed this petition with the following prayer:

1. Quash the order/decision of the respondent No.2 DDA whereby the land located in Jwalapuri meant for residential use was diverted for setting up of PVC market;

2. direct the respondents No.1 and 2 to identify and remove all unauthorised constructions made in the P.V.C. Market, Jwalapuri;

3. to demolish and remove all allegedly authorised constructions made on the land earmarked for residential purpose and develop the same in conformity with the Master Plan of Delhi-2001."

5. Notice to show cause in this petition was issued to the respondents who were served. Interim orders were passed from time to time directing demolition of unauthorised constructions and structures. Action was taken on these orders and action taken reports filed by the respondents.

6. When the matter came up for hearing on 15th January, 2002 Mr.Raj Panjwani, learned counsel appearing for the petitioner fairly admitted that all the encroachments in the area in question have been removed. He, however, made a statement to the effect that the land which was now lying vacant should be available for community needs of the residents of the area. He, however, admitted that the petitioner has already made a representation to this effect to DDA. Since the matter involves a policy decision to be taken by the respondent/DDA, it would not be proper for this court to issue any positive direction to this effect, particularly when there is no such prayer in the writ petition also. It would suffice if the directions are issued to the DDA to consider the representation of the petitioner on its own merits and take a suitable decision thereon expeditiously and in any case, within four months from the date of receipt of copy of this order by DDA.

7. Since the purpose of filing this writ petition has otherwise been served, no further orders are required to be passed in this writ petition. The petition is accordingly disposed of.