W.P.(C)/6608/2024 of MAHAVIR WELFARE ASSOCIATION REGD. Vs DELHI DEVELOPMENT AUTHORITY

IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(C) 6608/2024 & CM APPL. 27519/2024

MAHAVIR WELFARE ASSOCIATION REGD...... Petitioner

Through:Mr. Dilip Singh, Mr. R. Manthik &Mr. Udit Sah, Advs.M: [REDACTED]Mr. Udit Sah, Advs.M: [REDACTED]

Email: [REDACTED]

versus

DELHI DEVELOPMENT AUTHORITY

..... Respondent

Through:Ms. Manika Tripathy, SC with Mr.Rony John, Adv (Through VC)

CORAM:HON'BLE MS. JUSTICE MINI PUSHKARNA

O R R%09.05.2024

CM APPL. 27519/2024 (For Exemption)

1.Exemption allowed, subject to just exceptions.

2.Application is disposed of.

W.P.(C) 6608/2024

3.The present petition has been filed seeking following prayers:

“I. To issue an appropriate writ of Mandamus or any other writ ofsimilar nature or order/direction to the respondent to accept the JointInspection carried out on 15.03.2012 (Annexure-P/1) in compliance ofthe order of Delhi High Court dated 27.07.2010 in WP( C) 2362/2010 forregularization of the built up plots, including the Plot no.1 to 14 inMahavir Colony, Bhorgarh, which are left out in the satellite mapping;

II. To issue writ or Mandamus or any other writ of similar naturethereby directing the respondent to include the Plot No.1 to 14 within theboundary of Mahavir Colony in the light of Annexure-P/1 and tocomplete the formalities for issuance of necessary documents under PM

Uday Scheme as per the entitlement of the petitioners, who own the plotno. 1 to 14 in Mahavir Colony, Bhorgarh, Delhi, in time bound manner.

xxx xxx xxx”

4.Learned counsel appearing for the petitioner-association submits, thatthe present petition has been filed on behalf of members of the MahavirWelfare Association, which is Residents Welfare Association situated inAlipur Road, Bhorgarh, Narela.

5.It is submitted that incorrect satellite mapping of Mahavir Colony hasbeen done by the Delhi Development Authority (“DDA”), as result ofwhich first row having plot nos. 1 to 14 of the colony have been left out andnot shown in the boundary wall of the colony. He submits that variousrepresentations have been made to the DDA in this regard. However, thesaid representations have not been considered by the DDA as yet.

6.It is further submitted that members of the petitioner-association aresuffering on account of the incorrect satellite mapping, as the said membersare unable to take the benefit of the Scheme of the Central Governmentunder the Pradhan Mantri Unauthorized Colonies in Delhi Awas Yojana(“PM-UDAY”) Scheme, under which ownership rights are given to plotowners of regularized colonies.

7.Per contra, learned counsel appearing for the respondent-DDAsubmits that the boundaries of the various colonies have been fixed after aproper survey and the same has been duly considered by the competentauthorities.

8.However, the aforesaid submission is disputed by learned counselappearing for the petitioners.

9.Having heard learned counsels appearing for the parties, this Court

notes that the petitioner has attached various representations dated 03[rd]June,2020, 16[th]July, 2021 and 23[rd]February, 2024 along with the presentpetition, which according to the learned counsel for the petitioner, have notbeen considered by the DDA, as yet.

10.Considering the facts and circumstances of the present case, it isdirected that the aforesaid representations, which have been attached asAnnexure P-18 to P-20 along with the present writ petition, shall beconsidered by the competent authority of the DDA expeditiously, preferablywithin period of six weeks from today.

11.It is further directed that at the time of considering the representationsof the petitioner, the concerned officials of the DDA shall also give ahearing to two authorized representatives of the petitioner-association, whoshall make submissions on behalf of all the persons who are members of thepetitioner-association.

12.The authorized representatives of the petitioner-association are atliberty to raise all the contentions and submissions before the concernedofficials of the DDA, at the time of hearing.

13.With the aforesaid directions, the present writ petition is disposed of.

MAY 9, 2024/kr

MINI PUSHKARNA, J