Ram Dhari Jindal Memorial Trust ... vs North Delhi Municipal ...
2019 Latest Caselaw 6237 Del

$~50 & 51
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                        Date of decision: 4th December, 2019
+                          CM (M) 1725/2019
+                          CM (M) 1726/2019
       RAM DHARI JINDAL MEMORIAL TRUST (REGD) ..... Petitioner
                    Through: Mr. Jasmeet Singh, Mr. Saurabh
                               Tiwari and Ms. Tejaswini, Advocates.
                               (M:9810064790)
                    versus

       NORTH DELHI MUNICIPAL CORPORATION ..... Respondent
                    Through: Mr. Akhil Mittal, Standing Counsel
                              for North DMC. (M:9212504099)
       CORAM:
       JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)

CM APPL. 52111/2019 (exemption) in CM (M) 1725/2019 CM APPL. 52113/2019 (exemption) in CM (M) 1726/2019

1. Allowed, subject to all just exceptions. Applications are disposed of. CM (M) 1725/2019 & CM APPL. 52110/2019 (direction) CM (M) 1726/2019 & CM APPL. 52112/2019 (direction)

2. The present petitions have been filed by the Petitioner - Ram Dhari Jindal Memorial Trust (Regd.), which is running the Jindal International School on its land at Village Shahbad Daulatpur, Sector-28, Rohini, Delhi. The case of the Petitioner is that it provides education at a nominal cost to children from a poor background, especially those located in the Jhuggi Jhoupri Resettlement Colony of Shahbad Dairy. The skill development institute, known as the Jindal Institute of Technology (hereinafter, "JIT"), was set up in 2002. With an intention to expand JIT, the Petitioner sought

permission for the sanction of a new building plan. The said application was submitted to the North Delhi Municipal Corporation (hereinafter, "North DMC") by the Petitioner on 14th March, 2017 and the No Objection Certificate from the Chief Fire Officer was submitted on 9th May, 2017.

3. On 17th May, 2017, several objections were raised by the North DMC. The same were replied to by the Petitioner on 29th May, 2017. However, permission for construction of the new building was refused on 27th June, 2017. The letter for rejection reads as under:

"With reference to your application No. 10038603 dated 11/05/2017, for the grant of sanction for the erection of building/execution of work in House No. ____, Plot No. khasra no 22 39, Block No. Scheme ____Situated at JINDAL INSTITUTE OF TECHNOLOGY, KHASRA NO 22 AND 39, VILLAGE SHAHBAD DAULAT PUR, SECTOR 28, ROHINI. I am directed to inform you that the sanction has been refused on 21/06/2017 on the following grounds.

1.

2."

4. A perusal of the above shows that no reasons, whatsoever, were given for refusing the application. The Petitioner's school continues to function in the existing building with insufficient space. The Petitioner then preferred an appeal in January, 2018, before the Appellate Tribunal: MCD, against the refusal of sanction dated 27th June, 2017, which continues to remain pending. The Petitioner is aggrieved by the fact that while there is insufficient space in the existing building, the sanction for the new building plan is not being given. The Petitioner is, in fact, running JIT from a small space which is insufficient for the students who are being provided skill

development. The Petitioner, thereafter, made a representation to the government, in response to which reasons were given for refusal of the sanction vide letter dated 28th August, 2017.

5. A perusal of the above facts shows that there is insensitivity being demonstrated by the Respondent towards the needs of the Petitioner, which is a charitable organisation running a skill development institution. The Respondent, being a municipal authority meant for sanctioning building plans, is adopting a completely adversarial approach. The Petitioner is not guilty of any infractions at this point. The Petitioner has applied for the sanction of a building plan. The same has simply been rejected by a cryptic order, without any reasons, whatsoever.

6. When any person applies for sanctioning of a plan, prior to the sanctioning, there ought to be a mechanism by which the authority concerned can guide the applicant as to the manner in which the same can be constructed to be in compliance with the bye-laws. The municipal authority can have a help-desk, which shall provide assistance to the citizens.

7. Instead of adopting a cooperative and positive approach, the facts reveal that the North DMC has been completely adversarial in its approach, which has resulted in the plan not being sanctioned since 2017. The Tribunal is also not hearing the matter for the last 2 years and JIT is unable to commence construction of its new building. In the above facts and circumstances, it is directed as under:

a) The Tribunal shall hear the appeal fixed before it on the date fixed i.e., 20th January, 2020 and pass orders within a period of one month thereafter.

b) Ld. counsel appearing for the North DMC shall take instructions

regarding the feasibility of setting up a help desk, in order to aid or assist persons that are similarly situated so that building plans can be sanctioned in a time-bound manner, in accordance with the bye-laws.

8. List on 24th February, 2020. Let the order passed by the Tribunal be placed before this Court.

PRATHIBA M. SINGH JUDGE DECEMBER 04, 2019/dk