Delhi High Court - Orders
Mount Abu Education Society Regd & Anr vs North Delhi Municipal Corporation & Anr on 8 November, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~24 & 25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2810/2021 & CM APPL. 8487/2021
MOUNT ABU EDUCATION
SOCIETY REGD & ANR. ..... Petitioners
Through: Mr. Kamal Gupta, Ms. Kriti Gupta,
Ms. Sparsh Aggarwal & Mr. Manis
Vashist, Advocates.
versus
NORTH DELHI MUNICIPAL
CORPORATION & ANR. ..... Respondents
Through: Mr. Keshav Sehgal, Mr. Nitin
Mishra, Mr. Shivam Gaur, Ms.
Ramya Soni, Advocates for DDA.
+ W.P.(C) 9579/2021 & CM APPL. 29648/2021
SHRI R.R. MEHTA EDUCATIONAL
TRUST REGD. & ANR. ..... Petitioners
Through: Mr. Uday Bedi, Advocate.
versus
SOUTH DELHI MUNICIPAL
CORPORATION & ANR. ..... Respondents
Through: Ms. Arunima Dwivedi, ASC for
MCD with Ms. Pinky Pawar & Mr.
Aakash Pathak, Advocates for
MCD.
Ms. Shobhana Takiar, SC for DDA
with Mr. Kuljeet Singh & Mr.
Nitin Mishra, Advocates for DDA.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 08.11.2023 W.P.(C) 2810/2021 & W.P.(C) 9579/2021 Page 1 of 3 This is a digitally signed order.
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 11/11/2023 at 02:28:59
1. Further to the order dated 21.08.2023, Mr. Keshav Sehgal, learned counsel for the Delhi Development Authority ["DDA"] states that a Special Leave Petition against the judgment of the Division Bench dated 26.05.2023 in LPA 140/2021 is yet to be filed. He therefore seeks an adjournment.
2. By the aforesaid judgment, the decision of the learned Single Judge dated 24.01.2020 in W.P.(C) 10451/2015 [Action Committee Unaided Recognized Private Schools vs. Delhi Development Authority] was upheld. The issue in those proceedings was with regard to the entitlement of DDA to charge additional FAR charges from the members of the petitioner. The operative portion of the order of the Division Bench dated 26.05.2023 reads to be as follows:-
"15. In view of the above reasoning and conclusion, with which we concur, the contentions raised on behalf of DDA are untenable and rejected. The statutory notifications under sections 57 and 58 of the DDA Act, would prevail over the lease deeds, which at the relevant time when they were executed, was on the basis of the then prevailing Master Plan. However, now the Master Plan permits enhanced FAR and a lesser requirement of land area for running schools in Delhi. It encourages creation of integrated schools. The statutory effect of the MPD cannot be denied to the schools/Societies. The perpetual Lease Deeds/Allotment Letters would have to be read meaningfully along with statutory/vision document viz the Master Plan-2021. Not doing so would tantamount to denying a statutory right created in favour of the schools. The statutory notifications cannot be over-ridden by way of an Office Order issued by DDA.
16. What emerges from the preceding discussion is that the upgradation of schools from one category to other i.e. from Primary to Senior Secondary is neither the domain nor the jurisdiction of the DDA. This is to be done by the Directorate of Education, GNCTD and CBSE. The lands were allotted to schools in Delhi on the basis of the size of the plot of the land and the premium of that location/area. Now that the schools have been permitted, by way of statutory notification, an enhancement of FAR as per MPD-2021, no upgradation charges are leviable W.P.(C) 2810/2021 & W.P.(C) 9579/2021 Page 2 of 3 This is a digitally signed order.
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 11/11/2023 at 02:28:59 because the land already stands allocated and only the additional FAR is to be utilized. The notifications dated 17.07.2012 and 24.01.2014 have been issued by the Central Government under sections 57 and 58 of the DDA Act. They are not something from which the DDA can withdraw or resile from. These statutory notifications are to be applied in full measure to optimize the benefit envisaged therein, for the larger public good.
17. In view of the above, we see no reason to interfere with the findings and directions of the impugned judgment. The appeal is without merit and is accordingly dismissed, alongwith pending applications.
18. Applications for NOC/Sanction for utilisation of the additional FAR shall be addressed by the DDA within four weeks of receipt of the same."
[Emphasis Supplied.]
3. Mr. Kamal Gupta, learned counsel for the petitioner, submits that the petitioner's applications for grant of additional FAR have been pending for a very long time and that the judgment of the Division Bench mandates DDA to issue a No Objection Certificate within four weeks. Despite the passage of more than five months, DDA has neither done so, nor challenged the judgment before the Supreme Court.
4. In these circumstances, the request of learned counsel for the DDA is accepted. However, it is directed that, subject to any orders passed by the Supreme Court in the proposed Special Leave Petition, DDA will comply with the judgment of the Division Bench before the next date of hearing.
5. List on 15.01.2024.
PRATEEK JALAN, J NOVEMBER 8, 2023 'pv'/ W.P.(C) 2810/2021 & W.P.(C) 9579/2021 Page 3 of 3 This is a digitally signed order.
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 11/11/2023 at 02:28:59