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17. The invocation of Chapter 17 of the MPD-2021 is wholly misconceived, misrepresented, mischievous and absurd. Assuming that the powers were exercised under Chapter 17, even then C2 categories, City Park, District Park and Community Park cannot be dealt with under the said Chapter. The change of use of designated District Park to Multipurpose Ground amounts to modification of Master Plan and the Zonal Development Plan which can be only done in terms of Section 11A of the Delhi Development Act, 1957 (hereinafter referred to as "DD Act, 1957"). Hence, the DDA has no jurisdiction to resolve contrary to Master Plan.

18. Respondent No.1/ petitioner has placed reliance on the judgments of the Division Bench of this Court in the case of S.S.Jain Sabha Regtd. vs. Govt of N.C.T. of Delhi 129 (2006) DLT 800 (DB) and Delhi Science Forum vs. DDA 112 (2004) DLT 944 (DB).

19. Submissions heard from Ld. Counsel for all the Parties and Written Submissions also perused.

20. Before considering the facts in hand, it is pertinent to first refer to the relevant provisions of the DD Act, 1957. Chapter 3 of the DD Act,1957 deals with the Master Plan and Zonal Development Plan.

25. The various provisions of the DD Act, 1957 r/w. Rules 1958 and MPD-2021 as mentioned above, make it evident that Delhi is defined into various zones like residential, commercial etc. where one of the zone defined is that of the "Recreational Park" which includes setting up of City Park, District Park and Community Parks. It further defines that District Park should have an area of 2,90,000 Sq. Mtrs., out of which 2,50,000sq.Mtrs. shall be used singularly as a Park, while area of 40,000 Sq. Mtrs. may be used as Multipurpose Ground. In the Multipurpose Ground various activities like public functions etc. may be permitted to be carried out. Therefore, MPD-2021 has been finalized and notified by the Central Government in exercise of the powers by invoking Section 11A(2) of the DD Act, 1957 which is done after obtaining the prior approval of Ministry of Urban Development. If the zones are intended to be used in accordance with the provisions of MPD-2021, the permissions shall also be governed by the procedures as provided in Chapter 17 of the MPD-2021.

27. The learned Counsel on behalf of respondent No.1 had claimed that use of District Parks as Multipurpose Grounds amounts to modification of the Master/ Zonal Development Plan and this cannot be done without following the procedure as laid down in Chapter 3A of the DD Act, 1957 , which requires prior approval of the Central Government. Further grievance of the respondent No.1 is that even if it is to be considered as the Use Zone change, to which Rule 12 of DD Rules, 1959 applies, which also provides for the prior approval of Central Government.