Magic Years Educational Society v. Delhi Development Authority
$~129 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6718/2024 MAGIC YEARS EDUCATIONAL SOCIETY .....Petitioner Through:
Mr. Arjun Singh Bawa with Mr.Sahil Gupta and Mr. Siddhartha, Advocates.
versus DELHI DEVELOPMENT AUTHORITY .....Respondent Through:
Mr. Chand Chopra with Mr. Piyush Jain, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 21.11.2024 W.P.(C) 6718/2024 & CM APPL. 67903/2024 (filed on behalf of the petitioner under Section 151 CPC) 1.
The present petition has been filed with the following prayer:- "a. Pass an Order / Writ in the nature of Mandamus, thereby directing Respondent (DDA), to Amend the Perpetual Lease Deed dated 24.5.1984 concerning the property at E-3, Vasant Vihar, Delhi 110 057, to the extent that the 0.24 acres of land (currently utilized as playground as per the Allotment Letter dt. 29.11.1983) is also included with the 0.24 acres of land; thereby making the entire allotted land parcel of 0.48 acres of land as a subject matter of Perpetual Lease Deed dated 24.05.1983 (reg no. 3165 in addn. book no. I, vol. no.5055, on pages 47-51, dated 5.06.1984 before the concerned sub-registrar).
OR Pass an Order / Writ in the nature of Mandamus, thereby directing Respondent (DDA), to execute a fresh Perpetual Lease Deed for the remaining 0.24 acres of land, presently being used as Playground, in favour of the Petitioner.
b. Pass an Order / Writ in the nature of Mandamus, thereby directing Respondent (DDA), to grant necessary permissions to W.P.(C) 6718/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/11/2024 at 14:33:44
construct a building on remaining 0.24 acres of the land parcel on the street E- 3, Vasant Vihar, Delhi 110057 as per the developments controls applicable to the Nursery school under the Master Plan of Delhi 2021 and the Unified Building Bye Laws as applicable in Delhi."
2.
In the interregnum, the petitioner has also filed an application seeking closure of right of respondent to file any counter-affidavit. Admittedly, the counter-affidavit/reply has yet not been filed. 3.
However, during course of the arguments, learned counsel for the petitioner submits that he would be satisfied if his present writ petition is considered as a representation and the respondent is requested to consider the same in a time-bound manner. 4.
Keeping in mind the overall facts of the case and the above said statement made by learned counsel for the petitioner, the present petition is disposed of with the direction that the present writ petition shall be considered as a representation made by the petitioner Society and the respondent shall dispose of the above said representation as expeditiously as possible and in accordance with law, preferably, within twelve weeks from today.
5.
The competent Authority shall also give an opportunity of personal hearing to the petitioner/authorized representative of the petitioner Society.
6.
The petition stands disposed of in the aforesaid terms. 7.
The next date of 27.03.2025 is cancelled.
MANOJ JAIN, J NOVEMBER 21, 2024 st W.P.(C) 6718/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/11/2024 at 14:33:44