CHET RAM VASHIST Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) The question of law that arises for consideration in this appeal is whether the Municipal Corporation of Delhi (herinafter referred to as 'the Corporation') in absence of any provision in the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as 'the Act') was entitled to sanction the plan for building activities with condition that the open space for parks and schools be transferred to the Corporation free of cost.

(2.) Facts inbrief are that one Pt. Amin Chand was owner of a colony named 'Ganga Ram Vatika situated on Najafgarh Road, Village Chaukhandi, near Tilak Nagar, New Delhi. In 1957 he submitted a layout plan of the colony to the Delhi Development Provisional Authority. It was rejected. The Town Planning Organisation of the Corporation sent him a copy of the revised lay out plan and intimated him that if he submitted the plan as proposed by them they might consider his request, Amin Chand therefore, submitted fresh proposal in accordance with proposed lay out plan in September 1958. In the plan it was proposed to divide the colony into 98 residential plots and 7 shops plots. Some open space was reserved for children park. The plan was approved by the Corporation. It passed a resolution in December 1958 approving the plan. In the plan the water supply to the colony was proposed to be supplied by tube well as an interim arrangement till the municipal supply of water reached the colony. It was proposed to install tube wells in the two plots measuring 100 x 80 ft. These two plots Nos. 1and 2 were set apart for this purpose. Later on since municipal water supply main reached Tilak Nagar there was no necessity of installing any tube well for the supply of water to the colony. Amin Chand, therefore, decided to connect his colony with the municipal water main. After providing services to the colony he applied to the Corporation for removing restrictions from building activities in the colony. He wanted to sell the plots. Permission was also sought from the Corporation for his purchasers to build. In course of these preparations the original plan had to be changed at places. Therefore, an adjustment plan was submitted showing the latest position of the plots and the roads etc. Amin Chand died in June 1962.After his death his son wrote to the Corporation for removal of restrictions. On November 20, 1963 the Town Planner of the Corporation informed the appellant that the area of the two plots originally earmarked for tubewell will have to be used as an open park. The Standing Committee of the Corporation met in November 1964 for consideration of the appellant's application for removing restriction on building activities. They passed the following resolutions:

(3.) But that decision is of no avail as it was on construction of clause (iv) of paragraph (3) of Section 5 of the regulations framed under Delhi (Control of Building Operations) Ordinance, 1955 which provided that the coloniser shall transfer to the authority free of cost the plots reserved for public utility services. Whether such a provision was valid or not, or it was violative of Article 31 of the Constitution is not of any consequence as it is undisputed that there is no provision in the Act which provides for either vesting of the parks or schools or any place left by coloniser in the lay out plan for this purpose. In absence of any statutory provision vesting such land in the Corporation it cannot become the owner of it. And that is not the reasoning of the High Court as well.