M/S Northern India Masonic Charitable ... vs Delhi Development Authority & Anr on 7 October, 2022

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Delhi High Court - Orders

M/S Northern India Masonic Charitable ... vs Delhi Development Authority & Anr on 7 October, 2022

Bench: Sachin Datta

                          $~27
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 1797/2016 and C.M. Appl. Nos. 39220/2018, 12928/2020,
                               22768-69/2020, 3825/2021, 30907/2021, 14078/2022

                               M/S NORTHERN INDIA MASONIC CHARITABLE SOCIETY
                                                                           ..... Petitioner
                                            Through: Ms Vibha Mahajan Seth, Advocate.

                                                  versus

                               DELHI DEVELOPMENT AUTHORITY & ANR ..... Respondents
                                            Through: Mr. Arjun Pant, Advocate for DDA.
                                                     Mr. Anand Kamal, Advocate for R-2
                                                     through video conferencing.
                               CORAM:
                               HON'BLE MR. JUSTICE SACHIN DATTA
                                                  ORDER

% 07.10.2022

1. Vide order dated 10.07.2020, it was recorded as under:-

"My attention has been drawn to the status report filed by DDA wherein it has been agreed by the petitioner and DDA that the road in question shall be located under the 66 KB BSES-RPL transmission line which passes through a buffer land existing between the boundary walls of the DDA Group Housing (SFS Flats), Pkt.- 1, Sector B and the proposed water body premises being developed in compliance with the directions of the court. It is also agreed that the cost of construction of the road shall be borne by the petitioner school."

2. Again, vide order dated 03.02.2021, it was observed as under:-

"3. The learned counsel for the DDA, submits that the patch of land, through which the access is now proposed, was never a part of the residential colony and this is evident from the fact that a boundary wall demarcates the DDA's land and the Gram Sabha land, as depicted in the photographs which are reproduced hereunder:

Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:10.10.2022 18:07:46 Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:10.10.2022 18:07:46

4. The learned counsel for the DDA further assures the Court that the DDA will ensure that there is minimal damage or uprooting of trees in providing access to the school buses from the proposed route. Let supporting affidavit, along with photographs and videos, be filed by the DDA in 2 weeks from today. Mr. Bahadur submits that the RWA would also like to assist the DDA and would also like to file its own videos and photographs. Let is do so."

3. Let DDA take the necessary steps for constructing the road as per its proposal recorded in the aforesaid orders dated 10.07.2020 and 03.02.2021. The petitioner has agreed to bear the costs of construction of the road as already recorded in the order dated 10.07.2020.

4. The DDA is directed to file an affidavit setting out the time frame within which the road in question will be constructed. The DDA shall Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:10.10.2022 18:07:46 endeavour to ensure that there shall be minimal damage or uprooting of the trees in providing access to the school buses from the proposed route. The DDA shall also endeavour to allay and address the concerns that may be raised by the respondent no. 2.

5. List on 24th February, 2023.

SACHIN DATTA, J OCTOBER 7, 2022 AK Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:10.10.2022 18:07:46

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Delhi High Court - Orders