LAWS(DLH)-1992-4-31

RAVINDRA PROPERTIES PRIVATE LIMITED Vs. UNION OF INDIA

Decided On April 30, 1992
RAVINDRA PROPERTIES PRIVATE LIMITED Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In this petition the petitioner has challenged the decision of the Government of India dated 17th October, 1985 (conveyed to the petitioner vide letter dated 31st January, 1986) wherein it was stated that the Government had decided to stop construction of multi - storeyed buildings in New Delhi till the Master plan for 2001 was finalised. Further the petitioner has also challenged the decision of the Government of India contained in the letter dated 8th February, 1988 addressed to the then Administrator, New Delhi Municipal Committee, New Delhi. The Commissioner, Municipal Corporation of Delhi and the Secretary Delhi Urban Arts Commission, New Delhi, wherein it is stated that the Government of India has reconsidered its earlier decision dated 17th October, 1985 and have now decided that high rise construction in Delhi may continue to be regulated subject to compliance with conditions of detailed urban design clearance, fire fighting requirement and requirements under other provisions like the Master plan, Zoning Regulations, Building Byelaws etc, but which does not permit such high construction in Lutyen's Bungalow Zone. The petitioner has also prayed for a declaration that the plans for construction of multi storeyed residential building over the land of 2, Tilak Marg, New Delhi submitted by the petitioner to New Delhi Municipal Committee (here in after referred to as NDMC ) stood sanctioned and further NDMC and other respondents be directed to deliver the sanctioned plans forthwith.

(2.) The facts giving rise to the present writ petition briefly stated and that the petitioner is a private limited company registered under the Companies Act, 1956, having its registered office at 2, Tilak Marg, New Delhi. One of the main object of the petitioner company is to construct, manage or deal in multi - storeyed buildings both residential and commercial.

(3.) For the purpose of constructing a multi - storeyed building, the petitioner company vide sale deed dated 2nd March, 1975 purchased property bearing No.2 Tilak Marg, New Delhi, admeasuring 2,3 acres. At the time of purchase the property consisted of a residential double storeyed house, garrage and servant quarters etc, with a total covered area measuring 1630 square metres.