DELHI UNION OF JOURNALIST COOPERATIVE HOUSE BUILDING SOCIETY LTD Vs. UNION OF INDIA
HIGH COURT OF DELHI
DELHI UNION OF JOURNALIST COOPERATIVE HOUSE BUILDING SOCIETY LTD
UNION OF INDIA
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S.Muralidhar, J. -
(1.) The Petitioners are three-cooperative societies of journalists, who were allotted land admeasuring 230 bighas in Gulmohar Park, New Delhi by a lease deed dated 4.7.1962. With a view to providing other facilities to the members of these societies, the Petitioners formed the Gulmohar Park Journalists Education Society in 1981. In the same year Petitioner No. 3 Society wrote to the Delhi Development Authority (DDA) seeking grant of the lease of a plot of land for a nursery school.
(2.) By Notification dated 20.9.1995, the Central Government modified the Master Plan for Delhi, 1962 whereby certain additional activities were permitted on the lands in residential areas. This included running a fine arts school. Pursuant to the said notification, land measuring 1000 sq. mtr. located in Gulmohar Park, New Delhi was allotted in favour of Respondent No. 4, Kalashram for the purposes of running a Dance and Drama Institute. A perpetual lease deed was executed by the DDA in favour of Respondent No. 4 on 25.9.1997. After the full payment was made by Respondent No. 4, possession of the allotted land was handed over to it on 21.11.1997.
(3.) The Petitioners here challenged the allotment in favour of Kalashram by filing a Writ Petition (Civil) No. 662/2000 in this Court. The prayer in the writ petition was that the Notification dated 20.9.1995 should be quashed and that the allotment in favour of Respondent No. 4 should be cancelled. The contention of the Petitioners in the said writ petition was that they had been trying to get an allotment of the plot allotted to Respondent No. 4 and their claims for land for running a nursery school ought to have been considered even before making the allotment in favour of Respondent No. 4. In those proceedings, the DDA stated that the Petitioner had already been informed by a letter dated 25.9.1989 to get its case sponsored by the Directorate of Education for being considered for allotment of a plot for a nursery school. In view of the said statement, by an order dated 24.3.2004, a Division Bench of this Court dismissed the Writ Petition (Civil) No. 662/2000 holding that it was "not required to be entertained." It was further directed that: "However, if the petitioner approaches the DDA with the requisite recommendation/sponsorship, the DDA shall consider its case in accordance with law.";
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