Sarkaria, J. - (1.) This appeal by certificate arises out of a judgment of the High Court of Delhi dismissing the appellant's writ petition under Article 226 of the Constitution.
(2.) The appellant D. L. F. Housing Construction (P) Ltd. (hereinafter referred to as the Coloniser) carries on the business of colonisation and development of lands in Delhi. Among the colonies which were developed by it are New Delhi Sough Extension Part I and Part II Shivaji Park, Hauz Khas Kailash Greater Kailash I and Greater Kailash II. The Coloniser submitted applications for the development of these colonies and obtained sanctions of the lay-out plans under the extant laws. Sanctions for five of these colonies were granted by the Delhi Development Provisional Authority in the year 1956 under the Delhi (Control of Building Operations) Act 53 of 1955 and the Regulations framed under Section 19 of the Delhi (Control of Building Operations) Ordinance No. V of 1955.
(3.) Under regulation 5 (3) (ii), before a Coloniser undertakes to subdivide a plot of land into building plots, he is required to enter into an agreement with the Central Government for the internal development of the land to the satisfaction of the Authority. A Coloniser seeking permission to develop an area of land as a colony has to submit an application for the purpose together with a lay-out plan in which he has to set apart, among other things, open spaces for roads, parks etc. and open sites for other public utility services such as schools, dispensaries etc. The principles and conditions on which the sanction is accorded are indicated in the Regulations. Sanctions for development of the first colonies mentioned above were obtained by the Coloniser in 1956 and of Greater Kailash II in 1959.;