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ANALYSIS AND DECISION:

13. I have given my thoughtful consideration to the submissions advanced by the learned counsel for the parties at the bar. I have also gone through the relevant record of the case.

14. In order to examine the merits of the present writ petition, it would be expedient to refer to Sections 7, 8 and 9 of the DD Act which provide as under:-

15. A careful perusal of the aforesaid provisions would show that the MPD divides Delhi into different zones for the purposes of development and also provides for the land used in each zone besides stipulating basic pattern of framework for preparation of ZDP for various zones. Section 8 then provides that on preparation of the MPD soon as thereafter, the authority is enjoined upon to prepare the ZDP for each of the zones into which Delhi may be divided. Section 2(k) of the DD Act defines „zone‟ to mean any one of the divisions in which Delhi may divided for the purposes of development under the Act. Now, a ZDP in terms of sub-section 2(a) to Section 8 envisages a site plan and the use plan of the development zones with respect to the public buildings, other public works, utilities, roads, housing, recreation, industry, public and private places.

17. Section 8 of the DD21 Act has to be read in contradistinction to Section 11A of Chapter IIIA which provides for modification of the MP or the ZDP. To cut the long story short, it is well ordained in law that the layout plan can be modified or amended without following the procedure under Section 11A of the DD Act as long as the amended and modified layout plans are in conformity with the ZDP and the MPD. This has been a consistent view of this Court and for which reference can be invited to the decision in the cases of Vasant Kunj Resident Welfare Association (Regd.) v. Lt. Governor of Delhi22; Shanti Devi Gupta v. Delhi Development Authority23; M.G. Ramachandran v. Municipal Corporation of Delhi24 and Naharpur Yuva Shakti Rwa v. Union of India25.