W.P.(C)/9272/2021 of RAJKUMAR Vs UNION OF INDIA & ORS.

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(C) 9272/2021, CM APPL. 28830/2021, CM APPL. 33717/2023

RAJKUMAR

.....Petitioner

Through:Mr. Deepanshu Choithani, Mr.Mayank Pachauri, Advocates

versus

UNION OF INDIA & ORS.

Through:

.....RespondentsMr. Siddhant Nath, SC with Mr.SarthakBhardwaj,Mr.BhavishyaMakhija, Advocates for MCD.Mr. Nakul Ahuja, Advocate for Mr.Anish Dhingra, Advocate for DDA.SarthakBhardwaj,Mr.BhavishyaMakhija, Advocates for MCD.Mr. Nakul Ahuja, Advocate for Mr.Anish Dhingra, Advocate for DDA.

CORAM:HON’BLE MR. JUSTICE PRATEEK JALAN

O R R%17.12.2024

1.The petitioner has approached this Court under Article 226 of theConstitution, for the following reliefs:

“A. Pass/issue necessary Order(s), Writ(s) or direction(s) therebyquashing clause 3.3 of the “Regulations for enabling the plannedDevelopment of Privately Owned Lands” published in the official Gazettevide notification dated 04.07.2018 by the Delhi Development Authoritybeing ultra vires of the building bye laws, Master Plan of Delhi andArticle 14, Article 19, Article 21, 300A of Constitution of India.

AND

B. Pass/issue necessary Order(s) or direction(s) thereby remitting thecase of the Petitioner decided by the standing Committee of Respondentno. 3 vide resolution number 50 dated 30.08.2019 with direction, todecide the Application submitted by the Petitioner under section 312-313of DMC Act registered vide diary no. 2632 dated 11.06.2018 forincorporating the subject land i.e., D-246, Central Block, DilshadGarden, Delhi-110095 in the approved layout plan of Dilshad Garden,

without seeking NOC from DDA and without applying clause 3.3 of the“Regulations for enabling the planned Development of Privately OwnedLands”– published in the official Gazette vide notification dated04.07.2018 by the Delhi Development Authority.

AND

C. Pass/issue necessary Order(s) or direction(s) thereby directing theRespondent no. 3 to regularise the existing structure on the subjectproperty i.e., D-246, Central Block, Dilshad Garden, Delhi-110095,falling under the group housing scheme of DDA.

D. Pass any other Order as this Hon’ble Court may deem fit and proper inview of the facts and circumstances of the present Case.”

2.By order of the Division Bench dated 14.07.2022, prayer ‘A’ of the

petition was not pressed, and the matter was, therefore, transferred to theCourt of the Single Judge.

3.During the pendency of the writ petition, learned counsel for thepetitioner states that the Regulations made by the Delhi DevelopmentAuthority entitled “Regulations for Enabling the Planned Development ofPrivately Owned Lands”, have come into effect, and the petitioner has madean application for incorporation of his property under the said notification.That application is pending with the Municipal Corporation of Delhi[“MCD”].

4.In view of the above, the rights and remedies of the petitioner willnow be governed by the order to be passed by MCD on the aforesaidrepresentation, and the reliefs sought in this writ petition do not survive.

5.The only remaining issue is that, upon incorporation of the plot, ifgranted by the respondent authorities, the petitioner’s application forregularization of the existing structures of his property would have to beconsidered.

6.Learned counsel for the petitioner submits that the petitioner has been

protected from coercive action by the order dated 06.07.2023, subject tofiling of an undertaking that he will maintain status quo with regard toconstruction on the property and will not create any third-party interesttherein. The undertaking has been filed in terms of this order on 10.07.2023.7.In view of the above, the writ petition is disposed of with theobservation that the rights and contentions of the parties will be governed bythe disposal of the petitioner’s application made under the aforesaidRegulations. Until disposal of the application, no coercive action will betaken in respect of the structures on the petitioner’s property, but thepetitioner will remain bound down to the affidavit of undertaking filed byhim on 10.07.2023.

DECEMBER 17, 2024‘Bhupi/JM’/

PRATEEK JALAN, J