Delhi High Court
Investors, Intermediaries, ... vs Ministry Of Urban Development & ... on 16 October, 2019
$~12.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16th October, 2019
+ W.P.(C) 7606/2016
INVESTORS, INTERMEDIARIES, CULTIVATORS &
CONSUMERS ASSOCIATION (INDIA) ..... Petitioner
Through: Mr.Atul Y.Chitale, Sr.Adv. with
Ms.Tanvi Kakar, Adv.
Versus
MINISTRY OF URBAN DEVELOPMENT & ORS. ..... Respondents
Through: Mr.Vikas Mahajan, CGSC with
Mr.Aakash Varma, Mr.Prajesh V.S., Mr.Anil
Kumar, Mr.Deepak Goyal, Advs. for R-1.
Mr.Rajiv Bansal, Sr.Adv. with Ms.Rukmini
Bobde, Ms.Shagufta Salim, Ms.Parul Panthi,
Mr.Anant Nigam, Ms.Shweta Saini, Advs. for R-
2&3/DDA.
Mr.Mukesh Gupta, Standing Counsel for SDMC.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
: D.N. PATEL, Chief Justice (Oral)
1. This public interest litigation has been preferred with the following
prayers:-
"a) Issue a writ of Mandamus or any other writ or direction
directing the Respondent No.l to ensure that Respondents No.
2to 4comply with all the regulations under MPD 2021 relating
to low density residential areas;
b) Issue a writ of Mandamus or any other writ or direction
directing the Respondents No. 2 to 5 to comply with the MPD
2021 by sanctioning the building plan submitted by several
villagers in accordance with the notification issued by
Respondent No.l within 15 days from the submission of the
plan, more specifically in view of Notifications dated May 10,
2013, June 18, 2013 and Public Notice dated September 24,
2013 and Notification dated September 25, 2013, December 31,
2013 and February 11, 2014 (Annexure PI to P 5 of the
Petition) without any charges, in 1 acre 2 residential units with
60 metre EWS and in case of charges, 3 residential units with
EWS quarters on 60 metre.
c) Pass writ order or direction holding that all those land of
villages, which has been declared as urbanized land under
Section 507 of Delhi Municipal Corporation Act, 1957 may be
declared fit for passing the map/plan of residential unit and
accordingly all the Respondents may be directed to pass the
plan within a period of 15 days from the submission of plan as
per Notifications dated May 10, 2013 , June 18, 2013 and
Public Notice dated September 24, 2013 and Notification dated
September 25, 2013, December 31, 2013 and February 11, 2014
(Annexure PI to P 5 of the Petition)"
2. Having heard the learned counsel for both the parties and looking to
the facts and circumstances of the case, it appears that the Master Plan of
Delhi - 2020-21 („MPD 2021‟) especially scheme for Low Density
Residential Area is to be implemented. It further appears that amendments
in the MPD-2020-21 has already been suggested by Delhi Development
Authority („DDA‟) under the Delhi Development Authority Act, 1957
especially under Section 11A thereof. The said amendments are yet to be
finalized by the respondents and hence, no question whatsoever arises of
implementing the MPD 2021 so far as the scheme for Low Density
Residential Area is concerned. If the amendments are already under active
consideration before the respondents, the original MPD 2021 cannot be
implemented.
3. Learned Senior counsel for the petitioner submitted that since long the
said amendments are pending before the respondents. Objections have
already been invited under Section 11A of the DDA Act, 1957 in the year
2016 but till today, the respondents have not finalized the same.
4. It is one thing to finalize the amendments in MPD 2021 and it is
altogether another thing to implement the unamended Master Plan. We are,
therefore, not inclined to issue any direction for implementation of the un-
amended MPD 2021, and especially implementing regulations relating to
Low Density Residential Area scheme. Nevertheless, we hereby direct the
respondents to expedite the finalization of the amendments as suggested by
the DDA for the MPD 2021. This exercise will be completed as early as
possible and practicable.
5. With these observations the writ petition is disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J
OCTOBER 16, 2019
'anb'
