DDA has no power to amend Master Plan: HC
The control norms applicable to nursery schools alone would apply for all plots carved out of school lands.india Updated: Feb 19, 2006 11:49 IST
The Delhi Development Authority (DDA) has no power to amend the National Capital Territory Master Plan as the authority is solely vested with the Central government, the Delhi High Court has ruled.
Setting aside the order of a single judge, a division bench of Justice Markandeya Katju and Justice Madan B Lokur declared as "illegal" and "unauthorised" a resolution circulated by the DDA.
It was stated in the resolution that development control norms applicable to nursery schools alone would apply for all plots carved out of such school lands.
In a resolution dated April 28, 1998, the DDA ordered that development control norms for nursery school plots alone would apply if the said land was utilised for other community facilities.
In other words even if community halls, post offices, electric sub stations, child welfare centre etc, are set up they should be constructed only as per the infrastructural layout norms prescribed for nursery school.
They said resolution was challenged by SS Jain Sabha after the DDA and MCD refused to give sanction for construction of a community hall at Ashok Vihar.
Though the Union Ministry for Urban Development through a notification dated September 20, 2005 mandated such change of land use for community benefits, the DDA officials brought out the said resolution to nullify the effect.
A single judge of the High Court upheld the DDA resolution following which the organisation appealed before the division bench.