Delhi High Court
Sh. Mukesh Kumar vs East Delhi Municipal Corporation ... on 17 April, 2018
$~3 & 4
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision : 17th April, 2018
+ CONT.CAS(C) 768/2017 & CM No.41191/2017
MUKESH KUMAR ..... Petitioner
Through : Mr. Vivek Sharma and
Mr. Anshul Garg, Advs.
versus
RANBIR SINGH COMMISSIONER EAST DELHI
MUNICIPAL CORPORATION ..... Respondent
Through : Mr. Kirti Uppal, Sr. Adv. with
Mr. Ajjay Aroraa and Mr. Kapil
Dutta, Advs. for EDMC.
Ms. Hetu Arora Sethi, ASC
with Mr. Abhimanyu Verma,
Adv. for R-7.
+ W.P.(C) 8435/2017, CM Nos.43927/2017 & 10882/2018
SH. MUKESH KUMAR ..... Petitioner
Through : Mr. Vivek Sharma and
Mr. Anshul Garg, Advs.
versus
EAST DELHI MUNICIPAL
CORPORATION AND ORS. ... Respondents
Through : Mr. Kirti Uppal, Sr. Adv. with
Mr. Ajjay Aroraa and Mr. Kapil
Dutta, Advs. for EDMC.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
CONT.CAS(C) 768/2017 & W.P.(C) 8435/2017 Page 1 of 5
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. The writ petition (W.P.(C)No.8435/2017) has been filed in
public interest, complaining that the West Jyoti Nagar Colony, in the
area of Chhajjupur, Kabir Nagar, Shahdara, Delhi was an
unauthorized colony which was slated for regularization. It was stated
that in the regularization plan of the colony which was submitted to
the authorities and approved by the Standing Committee of the Delhi
Municipal Corporation on the 9th of October 1992, community facility
projects were earmarked. A copy of the regularization plan has been
placed as Annexure P-1 to the petition (page 26).
2. The writ petitioner complains that in contravention of the
regularization plan, the land earmarked for community facility
projects has been converted into illegal and unauthorized residential
complexes. In short, unauthorized constructions have come up in the
areas marked for community uses in the regularization plan.
3. On the 26th of September 2017, we had passed an order
premised on the information furnished by the East Delhi Municipal
Corporation (EDMC) on 8th August, 2017 (pages 35 & 36),
confirming that a plot ad measuring 0.936 hectares has been reserved
for community facility which adjoined the Guru Harkishan Public
School, Loni Road, Delhi. We had observed that it was the
responsibility of the Commissioner, EDMC to ensure that the said plot
was used for community facilities only.
4. In view of the constructions being raised in defiance of our
orders dated 26th September, 2017, the writ petitioner had filed
Contempt Case(C)No.768/2017.
5. A status report has been filed in the contempt case stating that
four properties, wherein the petitioner had alleged unauthorized
constructions despite prohibitive orders of this court, stand
demolished. The municipal corporation shall ensure that the
unauthorized constructions are completely demolished.
6. The contempt petition makes a grievance that despite our orders
dated 26th September, 2017 in W.P.(C)No.8435/2017 interdicting the
illegal construction on the land in question, the municipal corporation
was not taking action. In view of the status report and affidavit filed
before us, it would appear that the municipal corporation has taken
action in the matter. No further orders are warranted so far as the
contempt petition is concerned.
7. So far as the construction in the plot earmarked for community
facility is concerned, we find that an application for impleadment
being CM No.43924/2017 has been filed by 'Resident Welfare
Association, West Jyoti Nagar Extn.' through Shri Rajiv Kaushik,
claiming to be the General Secretary of the Association. In this
application, it is claimed that it is an association of all the residents of
F-Block of West Jyoti Nagar; that the area forms part of the layout
plan of the colony and that they are in continuous possession as
residents of the colony for varying periods since the year 1968.
8. It is submitted by Mr. B.S. Mathur, ld. counsel for the applicant,
that the land in question is privately owned land and the writ petition
is misconceived.
9. It is however, not disputed that the regularization plan was
submitted to the authorities for approval thereof. It cannot be denied
that once a request for regularization is made, the colony has to be
raised and developed in accordance with the layout plan, and of course
comporting to the requirements of statutory provisions. The layout
plan includes spaces for public facilities; circulation parks, etc. Once
the plan has been submitted for regularization, it is not open, even to a
private land owner, to change the user which has been assigned to a
particular plot of land.
10. In view of the above, it is trite that no request for regularization
of any colony can be entertained by the authorities if there is any
deviation from the regularization plan which was originally submitted
to the authorities.
11. Before effecting any regularization of a colony, all authorities
shall physically inspect the colony against the regularization plan and
ensure that the constructions therein comport to the layout plan
submitted for regularization, especially public facilities. This
necessarily would include parks, community centres, roads, locations
for installations of water pumps and electricity, etc. Enabling
development of community facilities is a sacrifice of land which a
request for regularization of a colony necessarily entails.
12. A copy of this order be sent to the Ministry of Housing and
Urban Affairs, Government of India; Department of Urban
Development, Government of NCT of Delhi; all the Municipal
Corporations and the Delhi Development Authority for ensuring
compliance.
13. In view of the above, this writ petition as well as contempt
petition are disposed of. In view of the orders passed in the contempt
petition, CM No.41191/2017 does not survive for adjudication and is
hereby disposed of.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
APRIL 17, 2018
aj
