Document Fragment View

Matching Fragments

3) 10 (Ten) ft. vide strips by the site of plot No.T.I. 03 and U-

4 as a shown in the plan and open spaces by the size is 6 ft. shop no.1&7 (L Block).

The details of the open spaces mentioned at 2 above are indicated in the plan bearing signatures of the colonizer as representatives of the Municipal Corporation of Delhi.

Sd/-

04.12.1968 Manager Lands & Estate Municipal Corporation of Delhi Town Hall, Delhi.

2) Open space earmarked for community purposes such as parks, school, dispensary, community Centre‟s plot and public building, as per approved layout plan of Green Park Extension and marked as A, B, C, D, E, F, G, H, I and J in the Plan.
3) 10 (Ten) ft. vide strips by the site of plot No.T.I. 03 and U-

4 as a shown in the plan and open spaces by the size is 6 ft. shop no.1&7 (L Block).

The details of the open spaces mentioned at 2 above are indicated in the plan bearing signatures of the colonizer as representatives of the Municipal Corporation of Delhi.

5. The power directing transfer of the land has been exercised Under Section 313 of the Act. This Section falls in Chapter XV which deals with streets. The public streets are dealt from Section 298 to Section 311 whereas private streets are dealt from Section 312 to Section 330 Section 312 obliges an owner of any land utilising, selling, leasing out or otherwise disposing of the land for the construction of building to lay-out and make a street or streets giving access to the plots into which the land may be divided and connect it with an existing or public street. Section 313 requires such owner to submit a lay-out plan before utilising the land for any of the purposes mentioned in Section 312 and send it to the Commissioner with a lay-out plan showing the particulars mentioned in Clauses (a) to (e). The reservation or allotment of any site in the lay-out plan for any open space, park or school is to be provided by Clause (b) of Section 313. Section 316 entitles the Commissioner to declare a private street to be a public street on the request of owners. Section 317 prohibits a person from constructing or projecting any structure which will encroach overhang project in a private street. In fact the entire cluster of Sections from 312 to 330 of which Section 313 is a part, deals with private streets only. There is no provision in this chapter or any other provision in the Act which provides that any space reserved for any open space or park shall vest in the Corporation. Even a private street can be declared to be a public on the request of owners of the building and then only it vests in the Corporation. In absence of any provision, therefore, in the Act the open space left for school or park in a private colony cannot vest in the Corporation. That is why in England whenever a private colony is developed or a private person leaves an open space for park to be used for public purpose he is required to issue what is termed as 'Blight Notice' to the local body to get the land transferred in its favour on payment of compensation. Section 313 which empowers the Commissioner to sanction a lay-out plan, does not contemplate vesting of the land earmarked for a public purpose to vest in the Corporation or to be transferred to it. The requirement in law of requiring an owner to reserve any site for any street, open space, park, recreation ground, school, market or any other public purpose is not the same as to claim that the open space or park so earmarked shall vest in the Corporation or stand transferred to it. Even a plain reading of Sub-section (5) indicates that the land which is subject-matter of a lay-out plan cannot be dealt with by the owner except in conformity with the order of the Standing Committee. In other words the Section imposes a bar on exercise of power by the owner in respect of land covered by the lay-out plan. But it does not create any right or interest in the Corporation in the land so specified. The resolution of the Standing Committee, therefore, that the area specified in the lay- out plan for the park and school shall vest in the Corporation free of cost, was not in accordance with law.
28. Once, there is no bar to the modification / alteration of a layout plan, I see no reason to limit the said power to Clauses
(a),(c),(d) & (e) of Section 313(1) and to hold that the power of such modification / alteration does not extend to the reservation under Section 313(1)(b) of the Act. There is nothing in Section 313 or in any other provision to suggest so. The reservation under Section 313(1)(b) of the MCD Act is not as per the ipsidixit of the developer / coloniser or of the Standing Committee of MCD. The developer / coloniser is ordinarily interested in having the maximum permissible area available for sale / development into residential and commercial and would be interested in reserving only the minimum prescribed area for streets, open spaces, parks, recreation grounds, schools, markets or for any other public purpose and would not voluntarily reserve an area in excess thereof, and for which he reaps no price, for such public purposes. MCD also, cannot insist upon the developer / coloniser reserving more than the prescribed area. Supreme Court, in Pt. Chet Ram Vashisht supra also held that reservation of sites for streets, open spaces, parks, schools etc. has to be in accordance with the prevalent bye-laws or other parameters prescribed. If with the passage of time or for any other reason (as in Pt. Chet Ram Vashist supra, where the need for tube well for which the plot was ear-marked disappeared with the passage of time) the parameters of the area required to be reserved for streets, open spaces, parks, recreation grounds, schools, markets or for any other public purpose changes or the need therefor disappears, I see no reason to hold that notwithstanding the same, MCD or developer / coloniser are precluded from seeking such modification. In fact, a situation may also arise where the residents themselves may want the user to be changed as per the changed needs and requirements of public/society..."