PANCHSHUA CO OPERATIVE HOUSE BUILDING SOCIETY LIMITED Vs. MUNICIPAL CORPORATION OF DELHI
LAWS(DLH)-1983-7-13
HIGH COURT OF DELHI
Decided on July 19,1983

PANCHSHILA CO OPERATIVE HOUSE BUILDING SOCIETY LIMITED Appellant
VERSUS
MUNICIPAL CORPORATION OF DELHI Respondents





Cited Judgements :-

P.N. KUMAR AND ANR. VS. MUNICIPAL CORPORATION OF DELHI AND ORS. [LAWS(DLH)-2010-4-305] [REFERRED TO]


JUDGEMENT

Prakash Narain, C J. - (1.)This is an appeal under Clause X of the Letters Patent of the Punjab High Court, as applicable to this court, against the judgment of a learned Single Judge of this court who disposed of a petition under Article 226 of the Constitution of India, filed by the appellants, challenging certain demands made by the first respondent prior to its taking over the various services in the residential colony developed by the first appellant.
(2.)A mandamus was sought by the appellants against the Municipal Corporation of Delhi, respondent No. 1, directing the Municipal Corporation of Delhi to take over the services and perform all the functions under Section 42 of the Delhi Municipal Corporation Act, 1957 in the residential colony developed by the petitioners, known as Panchshila Park. Respondent No. I was willing to take over the various services provided the appellants cither rectified or paid for the deficiencies in the various services provided in the colony. Aggrieved, the appellants filed a writ petition contending that nothing was payable and the Municipal Corporation of Delhi was under an obligation to take over the services and maintain the same. The services in respect of which the dispute has arisen are the sewage, horticulture work and roads. The colony has two blocks, which may be described as "North Block" and "South Block". These two blocks were developed and constructed upon at different points of time. The two blocks are divided by a public road which passes through the middle of the land allotted to the appellant society. The lay out plan of the 'North Block' was submitted to the M.G.D. on May 24, 1963. The same was approved by the Standing Committee of the M G. D. and the approval was conveyed to the first appellant by a letter dated December 30, 1964. Along with the lay out plan, which was submitted to the M. G. D, service plans for water supply, sewage scheme and roads were also submitted. According to the conditions on which the lay out plan was sanctioned, the first appellant had to lay the services as per the service plans within a period of one year though this date was extended at the request of the first appellant from time to time. Once services had been laid an application had to be moved for permission to commence building activity. At that stage the services are checked by the officials of the M.G.D. and a report of deficiencies, if any, is put up. These deficiencies have to be removed before commencing building activity. Thus the services comprising of water supply system, sewage system, and street lighting had all to be completed along with the laying of roads and storm water drains prior to the commencement of the building activity. Before these services were to be taken over by the Municipal Corporation of Delhi, it was necessary that 50 per cent of the houses should have been constructed in the colony. This procedure was in vogue till September 11, 1970. Thereafter it has been resolved by the M.G.D that services of a colony could be taken over at the time of allowing the building activities after charging maintenance charges for water supply, sewage, storm water drains for 2 years. It was also resolved to charge 5 paise per sq. yard of the total area of the colony for horticulture work. There was thus an obvious difference between the procedure to be followed prior to September 11, 1970 and thereafter.
(3.)When the first appellant applied for building activity in the 'North Block' the old procedure was in force. Accordingly, an inspection was made and deficiency reports were submitted. These were with regard to roads and storm water drain and for these two, the cost of deficiencies was Rs. 73,100.00 .Rs. 60,000.00 was demanded for construction of water storage tank. The first appellant was asked to deposit the amounts, Rs. 73,100.00 only by way of security, and also to give an undertaking that these deficiencies would be removed and all blockages cleared before the colony is taken over. The first appellant deposited these amounts on March 5, 1966. On June 3, 1967 the first appellant informed the M.G.D. that it had completed both these items, i.e permix carpet had been laid on all the roads in the northern area and all the storm water drains had been plastered and consequently requested for releasing of its security of Rs. 73,100/ -. On January 3, 1970 the first appellant wrote to the M.G.D. that out of 135 sanctioned plots in the 'North Block' 71 houses had been completed and requested that the services may be taken over.
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