Sanjay Gautam v. North Delhi Municipal Corporation

Delhi High Court · 10 Mar 2015 · 2015:DHC:11351-DB
Badar Durrez Ahmed; Sanjeev Sachdeva
W.P.(C) 2301/2015
2015:DHC:11351-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the writ petition challenging the auction of a property marked as a green area in the Master Plan for Delhi-2021, upholding administrative discretion to keep the property in abeyance due to non-compliance with street width norms.

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$-71 HIGH COURT OF DELHI
W.P.(C) 2301/2015
SANJAY GAUTAM Petitioner
Through: Mr Ankur Jam, Advocate.
VERSUS
NORTH DELHI MUNICIPAL CORPORATION .....Respondent
Through: Mr Sunil Goel with Mr Rajat Mathur, Advocate.
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
10.03.2015 This writ petition has been filed in respect of premises
No. 1002, Kucha Natwa, Chandni Chowk, Delhi- i 10006 (76.10 sq.
Mtrs), which is bounded by a street which is 7 feet wide on one side and another street 4 feet in width on another side. The said premises is not accessible by automobiles.
The case of the petitioner is that the property has been put to ir auction by the respondent, even though the area is marked as a green area in the Master Plan for Delhi-2021.
The learned counsel for the respondent states that a meeting was held on 5th February, 2015, in respect of various properties, which were for sale/allotment on long term lease hold basis including the subject property. In the said meeting, it was informed by the
Senior Town Planner that the subject property was shown as 'green'
2015:DHC:11351-DB in the MPD 2021 and the building plan also would not be approved because the same does not fulfil the requirement of a 15 feet wide street. Subsequent to the said meeting, the Additional Commissioner
(L & E) recommended that the subject property be kept in abeyance.
That decision has been confirmed by the Commissioner.
In view of the statements made by the learned counsel for the respondent, for the present, no further directions are required in the present writ petition. Liberty is, however, given to the petitioner to go approach this Court, in case the situation arises.
The writ petition as well as all the applications stand disposed of accordingly.
Dasti.
BADAR DURREZ AHMED, J SANEEV SACHDEVA, J MARCH 109 2015 n
2015:DHC:11351-DB
JUDGMENT