Star Residents Society (Regd) and Another vs Delhi Development Authority and Others

B.C. Patel, C.J.

CM No. 3723/2005

Exemption granted subject to just exceptions.

This appeal is preferred by the appellants against the judgment of the learned single Judge in WP(C) No. 1649/1997 dated 14.9.2004

The writ petition was filed by the Star Residents Society (Regd) and another against the respondents making a grievance that it was not permissible under the law to permit use of a park for the purpose of electricity sub-station or for any other proposes.

Learned single Judge considered the concept of Master Plan, Zonal Development Plan as also the Layout Plan. Learned single Judge also considered the question of delay and laches and has arrived at a conclusion that a change can be made in a Layout land at any time by following the procedure. The present appellants did not file any document to point out that the area was reserved as a park in the Master Plan. One can understand if in the Master Plan an area was reserved for park, then for making change the procedure as indicated in the Act is required to be followed. The Lay Out Plan has no statutory force and it can be changed by the Development Authority. It is also required to be noted that in para 17 of the impugned judgment the learned single Judge has pointed out that the electricity sub-station was constructed well before the writ petition was filed, possession was handed over in 1993 and the petition was filed in April,1997.

In our opinion, the learned single Judge has not committed any error, either on facts or in law, in disposing of the writ petition. One aspect is also required to be noted. The electricity is a public utility and looking to the present need it is also required to be given precedence. The appeal and the stay application are accordingly dismissed.