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"1. The five petitioners are residents of New Friends Colony and have filed the present Public Interest Litigation for quashing and setting aside allotment of 500 sq. mts. of land to the New Friends Colony Temple Society (hereinafter referred to as respondent No. 5, for short) by the Delhi Development Authority (hereinafter referred to as DDA, for short). It is alleged in the Petition that this 500 sq.mts. is part of a land earmarked for a park and the allotment, therefore, is contrary to the Master Plan of Delhi, 2001 (hereinafter referred to as MPD 2001, for short). It was submitted that land use from park to any other use cannot be changed without complying with the provisions of Section 11A of the Delhi Development Act, 1957 (hereinafter referred to as DD Act, for short).

12. It is not possible to agree with the learned counsel for the petitioners that Lay Out Plan can be modified or amended only after following the prescribed procedure for amendment of the MPD 2001 and ZDP as prescribed under the DD Act. The Lay Out Plan can be amended and modified without following the procedure u/s 11A of the DD Act, as long as amended and modified lay out plans are in conformity with the ZDP and the MPD. Section 11A of the DD Act, quoted above, deals with amendment of the ZDP and MPD, 2001 and not amendment or modification of the lay out plans. This has been the consistent view of this Court as is clear from the judgments of Division Benches of this court in B-1, Vasant Kunj Resident Welfare Association (Regd.) v. Lt. Governor of Delhi and others, 2003 (1) AD (Delhi) 727 and Shanti Devi Gupta and others v. Delhi Development Authority, 54 (1994) DLT 620 Delhi. In Star Residents Society (Regd.) and Ors. v. Delhi Development Authority, 2004 (77) DRJ (Delhi) 599, it was observed that: