Ghanshyam
Dass Kedia & Ors Vs. Shri N.P. Singh, Secretary, Government of India &
Ors [1997] INSC 405 (7
April 1997)
K.
RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
O R D
E R We have heard learned counsel on both sides.
This
Court by order dated December
12, 1995 in Union of
India & Ors. vs. Ghanshyam Dass Kedia & Ors. [(1996) 2 SCC 285] had
given direction to the DDA and the Union of India that 19 persons, the
appellants therein, be given 330 sq.
yard
each uniformly for construction of their houses, as per plans sanctioned by the
authorities, with all other amenities. It would appear that there was some
problem which was not brought to the notice of the Court at the time when the
matter was disposed of. I.As. were filed, one by the Union of India and one by
DDA. As per the application filed by the Union of India, they proposed four alternative
for allotment of the plots to them. After going through the record, we have put
them to the learned counsel for the parties. Shri Harish Salve, learned senior
counsel appearing for some of them, has also discussed with the parties. After
the discussion, it now emerges that alternative No.IV proposed by the Union of
India is acceptable and is accordingly accepted by them. As per that,
residential flats are required to be constructed for the said 19 petitioner in
an extent of one acre of the land. The area required for the said flat to be
constructed by them will be "A.B.C.D. - 1.00 acre" and P & SP to
be with DDA, the area is of 2 acres.
Hence,
there is no need to cut the existing trees growth. It is suggested that the
petitioner themselves would make the construction under the direction and
supervision of the DDA.
That
also is agreed. The Government of India would change land use zone. The DDA is
directed to give necessary sanction to the plans and supervise the
construction; the petitioners would construct the flats according to the
specifications and as per the sanction given by the DDA.
Union
of India is directed to change the user of the land within two months from the
date of the receipt of the order and DDA is directed to give necessary sanction
and allot the land within four weeks thereafter.
The
Contempt Petition and I.As. are disposed of in the above terms.
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