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DDA counter affidavit (August 2005)

by Gita Dewan Verma — last modified 2005-09-23 17:43

IN THE HIGH COURT OF DELHI AT NEW DELHI

W P (C) NO. 8523 of 2003

In re:

SHIV NARAYAN … PETITIONER

V e r s u s

DELHI DEVELOPMENT AUTHORITY … RESPONDENT

REPLY TO THE ADDITIONAL AFFIDAVIT FILED BY THE PETITIONER ON BEHALF OF THE RESPONDENTS (D.D.A)

I, R.K.Jain, director (Area Planning - I) in the DDA, Vikas Minar, New Delhi, do hereby solemnly state and affirm as under:-

  1. That I am Director (Area Planning - I) in the DDA, being familiar with the facts and circumstances of the present case in my official capacity, am competent and authorized to swear this reply affidavit on behalf of DDA.
  2. That I have gone through the contents of the present Writ Petition. In reply thereto, I submit as under:-

PARAWISE REPLY

1-3) The contents of paras 1-3 are basically a matter of record and hence need no reply.

3) The contents of para 4 are admitted to the extent of the provisions of the Master Plan. It is further admitted that the Zonal Plan for Zone-J is yet to be processed for approval. The Zonal Plan for Zone-F was approved by Government of India on 5th June, 1998.

5) In reply to para 5, the details of the project initiated by DDA in Zone-J is as under:-

  • a) The change of land use of the land under reference already stands notified by Govt. of India by Notification No.K 13011/3/2000-DDIB dated 29-1-2004.
  • b) The change of land use of the area under reference (which includes DDA Sports Complex and Government of NCT of Delhi Hospital / Institute has been taken up in the Technical Committee Meeting held on 3-2-05. Thereafter, the matter was taken up in the Authority Meeting held on 19-7-05 and the same has been approved. A part Lay Out plan showing the DDA Sports Complex and the GNCTD Hospital for Liver and Billiary is annexed hereto as ANNEXURE R A 1.
  • c) It is submitted that permission for construction of APMC Mandi at Andheria Morh has never been given by the DDA. The matter has been examined and it was found that the proposal for development of Farmers market at Amdheria More, Mehrauli was submitted in DDA by APMC vide letter dated 6-5-2003 seeking approval / permission for development of the market. In response, DDA, vide letter dated 18-6-03 informed the following to the APMC……
    • “The site which has been proposed for Farmers Market at Andheria More, Mehrauli falls in the Regional Park, where as per the MPD 2001 and orders of the Hon’ble Supreme Court no construction / permanent structure is permitted. In view of the above, the proposal for development of Farmers market can not be acceded to.”
    • Again the DDA, vide letters dated 9th July 2003, 14th August 2003, 8th April 2004 and 20th July 2004 informed APMC Azadpur, OLSLD to C.M. Public Grievance Cell, Delhi Sectt. that since the land is a part of the Regional Park / Ridge as per MPD 2001 and no development plans have been approved by DDA, APMC was requested to approach the Ridge Management Board for their clearance which a pre-requisite and as such N O C could not be issued to APMC. It may be noted that in the land use plan of Draft MPD 2001, the land under reference falls in Ridge / Regional Park. It is thus clear that the permission for construction of APMC Mandi at Andheria More was never given by the DDA.
  • d) DDA has taken up the Housing Project in Sector D, Vasant Kunj in conformity with the Land Use Plan. A copy of the Layout Plan of Sector D-6 Vasant Kunj is annexed hereto as ANNEXURE R A-2.

6) In reply to para 6, it is submitted that as per MPD 2001 in sib-zone F-13, about 315 Hectares of area was proposed to be utilized for various urban uses and subsequently as per the orders of EPCA in October, 1999, 223 Hectares area was proposed to be kept as ‘GREEN’ and Hon’ble Supreme Court has vide its order of August 1997, allowed construction in 92 Hectares of area where DDA had disposed of institutional and commercial plots as per the approved Layout plan. MOUD vide letter No.K 17011/3/95 DDIB dated 17-4-02 had conveyed the approval of Government for allotment / development of 92 Hectares of area as per land use. This matter has already been disposed of by the Hon’ble Supreme Court Order dated 8-3-04. As per the approved layout plan of 92 Hectares, 25 Hectares has been earmarked for Public and Semi Public Facilities. A copy of the layout plan is annexed herewith and marked as ANNEXURE RA-3. Shopping mall is a nomenclature for particular type of commercial activity and basically comprises of commercial shops, which are permitted in Comemrcial Use Zone. Copy of Supreme Court orders dated 19-8-97 are annexed herewith and marked as ANNEXURE RA-4.

7) It is denied in reply to para 7 that specific instances cited in paras 4 and 5 indicate that there has been any master plan violation. The detailed reply of paras 5 & 6 may be seen in this regard. It is reiterated that there is no Master Plan violation.

8) It is denied in reply to para 8 that there has been violation of any order contrary to the master. It is submitted that the DDA is adhering to the proper recourse under law where-ever any change in land use in the master plan are envisaged and the due process under section 11(a) of the Delhi Development Act is being followed before attempting to change the master plan.

9) The contents of para 9 need no reply. The petitioner may be put to strict proof to prove his averments made in the para.

RESPONDENT

Through

(SANGEETA CHANDRA : ADVOCATE

Counsel for the Respondent)