DELHI DEVELOPMENT AUTHORITY Vs. KAKAR TIMBERS TRADERS

JUDGEMENT

(1.) In all these appeals, the Delhi Development Authority (for short 'authority') is the appellant. The authority filed complaints against the respondents in each of these appeals under Section 14 read with Section 29 (2 of the Delhi Development Act. Evidence was recorded but the learned Magistrate acquitted the respondents giving them benefit of doubt by holding that the necessary acquisition of the lands in question has not been made under the Land Acquisition Act and, therefore, the authority without such acquisition cannot enforce the user of the private land for the purpose of parks and open spaces without paying compensation. The authority filed appeals against the acquittal before the High court but they were dismissed in limine. Hence the present appeals.

(2.) Shri Arun Jaitley, learned Senior Counsel for the authority, submits that the law declared by the Magistrate, namely, that without acquiring the land Section 14 even if attracted cannot be invoked, is erroneous and if that is the interpretation to be given to Section 14 read with other relevant provisions thensome of the provisions of the Delhi Development Act will become redundant and the very object underlying the Act will be defeated.

(3.) The Act came into force in the year 1957. The object underlying the Act is to provide for the development of Delhi according to Master Plan and for matters ancillary thereto. Section 2 contains the definitions. Section 3 provides for the constitution of the Delhi Development Authority with a Chairman, Vice-Chairman and other Members. Ch. 3 contains the provisions dealing with Master Plan and Zonal Development Plans. Section 7 in the said Ch. lays down that the authority shall, as soon as may be, carry out a civic survey and prepare a Master Plan for delhi which shall define the various zones into which Delhi may be divided for the purpose of development etc. Section 8 provides for Zonal Development Plans within Delhi and it lays down that simultaneously with the preparation of the Master Plan or as soon as may be thereafter, the authority shall proceed with the preparation of a Zonal Development Plan for each of the zones into which Delhi may be divided. Ss. (2 of Section 8 deals with various particulars which a Zonal Development Plan shall contain. Section 10 provides for the procedure to be followed in the preparation and approval of the plans. Section 11 lays down that immediately after a plan has been approved by the central government, the authority shall publish in such manner as may be prescribed by regulations a notice staling that a plan has been approved and naming a place where a copy of the plan may be inspected at all reasonable hours etc. Section 11-A provides for modification to the Master Plan and Zonal Plan. Section 12 lays down that, as soon as may be, after the commencement of this Act, the central government may, by notification in the Official Gazette, declare any area in Delhi to be a development area for the purposes of this Act. Section 13 provides that every person or body desiring to obtain the permission referred to in Section 12 shall make an application in writing to the authority in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by regulations.