VASANT VIHAR F BLOCK WELFARE ASSOCIATION Vs. MUNICIPAL CORPORATION OF DELHI
LAWS(DLH)-1995-2-5
HIGH COURT OF DELHI
Decided on February 09,1995

VASANT VIHAR 'F' BLOCK WELFARE ASSOCIATION Appellant
VERSUS
MUNICIPAL CORPORATION OF DELHI Respondents




JUDGEMENT

ANIL DEV SINGH - (1.)By this writ petition, the petitioner challenges the change of land use of the plot from Nursery School to setting up of a Telephone Exchange by the MTNL and also calls in question the construction which is being raised by the MTNL on the site.
(2.)The third respondent was allotted land measuring 0.5 acres adjacent to street No.D/7, F Block, Vasant Vihar by the second respondent-DDA. The allotment of the land was made in favour of the MTNL on August 3, 1977 and possession of the same was also handed over to it on November 26, 1987. The third respondent thereafter started construction sometimes in the year 1994. While the construction of the work at site was in progress, the petitioner filed the present writ petition on the ground that the land use as indicated in the lay out plan had been violated and the DDA failed to follow the prescribed procedure to change the same.
(3.)I have heard learned counsel for the parties. Learned counsel for the petitioner submitted that the land use of the plot in question has been changed by the D.D.A. without any authority of law. He contended that the change of land use could be effected only by the Central Government by following the procedure laid down in Section 11A of the Delhi Development Act, 1957 (for short 'the Act'). He further canvassed that the modifications of the land use in the lay out plan without even inviting objections from the general public was illegal and violative of Section 11A of the Act. On the other hand learned counsel for the respondents submitted that D.D.A. vide its resolution No.140 dated October 29,1981 changed the land use in public interest and In doing so did not violate any provision of law. It was also submitted that the land use was merely indicated in the lay out plan of the colony and the aforesaid change effected by the D.D.A. did not require any change in the Master Plan or the Zonal Development Plan and therefore, the procedure prescribed by Section 11A of the Act was not required to be followed,
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