Dda Shopkeepers Association ... vs Delhi Development Authority & ...
2013 Latest Caselaw 1797 Del

       *       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Date of Decision:22.04.2013

+      W.P.(C) 6509/2010
       DDA SHOPKEEPERS ASSOCIATION (REGD.) & ANR.
                                                                        ..... Petitioner
                         Through:     Mr Kirti Uppal, Sr. Adv with Ms Aastha
                                      Dhawan, Advs
                         versus

       DELHI DEVELOPMENT AUTHORITY & ANR.
                                                                     ..... Respondent

                         Through:     Mr J.C. Mahendroo, Adv. For R-2
                                      Mr Arjun Pant, Adv. for the DDA
CORAM:
HON'BLE MR. JUSTICE V.K.JAIN

                         JUDGMENT

V.K.JAIN, J. (ORAL)

The petitioner before this Court is an association of allottees of the commercial shops by DDA in Local Shopping Centre constructed on plots no. 2-4- 20, New Rajender Nagar, New Delhi. The grievance of the petitioner is that the respondent, Delhi Development Authority has allotted vegetable platform to various persons, including respondent no.2, in the above referred shopping complex, and the allotment made and the conveyance deed executed in their favour and the terms and conditions of the allotment permits them to construct walls with a slopping roof, on the said platforms, without any additional premium, if feasible at site, at their own costs. The case of the petitioner is that if these persons are allowed to raise walls on the platforms that would obstruct the front view of the

shops allotted by DDA to its members, thereby adversely affecting their business interest.

2. On the directions of the Court, the learned counsel for DDA has produced the layout plan of the Lower Ground Floor and Upper Ground Floor of the aforesaid shopping complex which has been brought by the concerned Deputy Architect Mrs. Indu Bhatnagar, who is present in person in the Court. She states that as per the approved layout plan, only iron railing having height of not more than 100 cm is permitted on the above referred platform and no wall, with or without slopping roof, is permitted.

3. It would thus be seen that the terms and conditions of the allotment, on the basis of which the above referred platforms have been allotted to the persons as such respondent no.2, are in contravention of the layout plan approved by DDA in respect of the lower ground floor and upper ground floor of the above referred shopping complex. This seems to be typical case, where one arm does not know what the other arm is doing. The layout plan of the complex ought to have been considered, while finalizing the terms and conditions for disposal of these vegetable platforms. This, obviously, has not been done. The matter, therefore, needs to be resolved by DDA, in such a manner as would protect the interests, not only the members of the petitioner association but also the allottees such as the respondent no.2.

4. I am informed that the Screening Committee of DDA is the Competent Authority to carry out modifications in the layout plan of this shopping complex. The said Committee is headed by Vice-Chairman of DDA who is also the Chief Executive Officer of DDA and is competent to take decision on the terms and conditions on which such allotment of built up shops and structures are made by DDA.

5. The writ petition is, therefore, disposed of with directions that the entire matter, including the terms and conditions on which the allotment was made to respondent no.2 and other similarly situated persons as well as the conveyance deed executed in their favour as also the layout plan of the lower ground floor and upper ground floor of the above referred shopping complex would be considered by the Screening Committee of DDA within a period of eight weeks from today and appropriate decision in the matter would be taken. The decision so taken shall be communicated to the petitioner as well as respondent no.2 within a period of two weeks thereafter. The petitioner as well as the respondent no.2 are permitted to submit a detailed representation along with supporting documents to the Vice- Chairman of DDA within a period of one week from today. The Vice-Chairman shall place the representation along with supporting documents before the Screening Committee, for its consideration. No further construction on the above referred platform would be carried out till an appropriate decision in terms of this order is taken by the Screening Committee. The writ petition stands disposed of.

Dasti.

V.K. JAIN, J

APRIL 22, 2013/rd