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36. Mr. Sethi further submitted that two independent committees have submitted the report that the development is within the control norms applicable to this area and that it will not affect the aesthetic beauty of the North Campus of Delhi University. He further submitted that as contended by the petitioner, the Group Housing Norms were made applicable without amending MPD 2021. Learned counsel further submitted that in the present case the relevant amendment in the Master Plan was required to be made in respect of change of land use from PSP to residential. This was done by DDA following due process of law as contemplated in Section 11-A of Delhi Development Act, 1957. Accordingly, the DDA had issued a Public Notice dated 19.12.2004 inviting objections before changing the land use of the plot from PSP to residential. No objections were received and a Notification dated 23.09.2005 was issued changing the land use of the plot. There was, thus, complete compliance of the requirements of Section 11A of the Delhi Development Act.

200. In addition, as per Chapter-12 titled Transportation of MPD 2021, Metro Stations along with property development (composite Development) up to a maximum area of 3.0 ha shall be permitted in all Use Zones, except in Recreational and Regional Park / Ridge Use Zone, Lutyens' Bungalow Zone and Heritage Zones, subject to approval of Technical Committee of DDA.

55. It is worth noting that the process of change of land use for 3.05 Hectare plot had been initiated since 19.12.2004, which preceded Notification dated 20.01.2005. In any case, Notification dated 20.01.2005 apply only in cases where DMRC desires property development without change of land use and that too on plots upto 3.0 Hectare. Thus, Notification dated 20.01.2005 makes it clear that it (Incorporated in MPD-2021, Chapter-12 as 'Development Control Norms for Metro Station') will not apply in the present case as the size of the plot in question is more than 3.0 Hectare.

56. Respondent No.10, DMRC was desirous of using its properties for commercial/residential development to generate resources which was proving to be extremely time consuming exercise because of the cumbersome procedures involved in change of land use. Accordingly, DMRC requested DDA to dispense with the change of land use and allow property development under automatic use. The request of DMRC was deliberated and considered by DDA whereby it was decided that blanket permission cannot be given and property development by DMRC without change of land use will be restricted on plots up to a maximum area of 3 Hectare and will have maximum 100 FAR, 25% Ground Coverage with no height restriction. Accordingly, Notification dated 20.01.2005 was issued which starts with "Notwithstanding the land use provisions of Master Plan property development shall be permitted..... " Thus, this Notification was an 'enabling' provision to facilitate DMRC to take up property development and generate resources in an expeditious manner without undergoing the cumbersome procedure of change of land use on plots upto 3.0 Hectare. No doubt, while developing property on land above 3.0 Hectare, DMRC has to necessarily follow the procedure of change of land use which would then be subject to norms applicable under respective chapters in MPD 2021.

59. It is pertinent to mention here that two independent committees have submitted the report that the development is within the control norms applicable to this area and that it will not affect the aesthetic beauty of the North Campus of Delhi University. In the present case the relevant amendment in the Master Plan was required to be made in respect of change of land use from PSP to residential. This was done by DDA following due process of law as contemplated in Section 11-A of DD Act,1957. Accordingly, the DDA had issued a Public Notice dated 19.12.2004 inviting objections before changing the land use of the plot from PSP to residential. The respondents did not receive any objection from any corner, thereafter, issued Notification dated 23.09.2005 changing the land use of the plot.