Mahavir Welfare Association Regd. v. Delhi Development Authority

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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: 9810111052 Email: contact.dilipsingh@gmail.com 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 D E 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 of similar nature or order/direction to the respondent to accept the Joint Inspection carried out on 15.03.2012 (Annexure-P/1) in compliance of the order of Delhi High Court dated 27.07.2010 in WP( C) 2362/2010 for regularization of the built up plots, including the Plot no.1 to 14 in Mahavir Colony, Bhorgarh, which are left out in the satellite mapping; II. To issue a writ or Mandamus or any other writ of similar nature thereby directing the respondent to include the Plot No.1 to 14 within the boundary of Mahavir Colony in the light of Annexure-P/1 and to complete the formalities for issuance of necessary documents under PM The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Uday Scheme as per the entitlement of the petitioners, who own the plot no. 1 to 14 in Mahavir Colony, Bhorgarh, Delhi, in time bound manner. xxx xxx xxx"

4.

Learned counsel appearing for the petitioner-association submits, that the present petition has been filed on behalf of members of the Mahavir Welfare Association, which is a Residents Welfare Association situated in Alipur Road, Bhorgarh, Narela.

5.

It is submitted that incorrect satellite mapping of Mahavir Colony has been done by the Delhi Development Authority ("DDA"), as a result of which first row having plot nos. 1 to 14 of the colony have been left out and not shown in the boundary wall of the colony. He submits that various representations have been made to the DDA in this regard. However, the said representations have not been considered by the DDA as yet. 6.

It is further submitted that members of the petitioner-association are suffering on account of the incorrect satellite mapping, as the said members are unable to take the benefit of the Scheme of the Central Government under the Pradhan Mantri Unauthorized Colonies in Delhi Awas Yojana ("PM-UDAY") Scheme, under which ownership rights are given to plot owners of regularized colonies.

7.

Per contra, learned counsel appearing for the respondent-DDA submits that the boundaries of the various colonies have been fixed after a proper survey and the same has been duly considered by the competent authorities.

8.

However, the aforesaid submission is disputed by learned counsel appearing for the petitioners.

9.

Having heard learned counsels appearing for the parties, this Court The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

notes that the petitioner has attached various representations dated 03rd June, 2020, 16th July, 2021 and 23rd February, 2024 along with the present petition, which according to the learned counsel for the petitioner, have not been considered by the DDA, as yet.

10.

Considering the facts and circumstances of the present case, it is directed that the aforesaid representations, which have been attached as Annexure P-18 to P-20 along with the present writ petition, shall be considered by the competent authority of the DDA expeditiously, preferably within a period of six weeks from today.

11.

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

12.

The authorized representatives of the petitioner-association are at liberty to raise all the contentions and submissions before the concerned officials of the DDA, at the time of hearing. 13.

With the aforesaid directions, the present writ petition is disposed of. MINI PUSHKARNA, J MAY 9, 2024/kr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.