JUDGMENT
A.K. Sikri,J.
1. This writ petition is filed in public interest
by the petitioner which is a society registered under
the Society Registration Act. The petitioner is an
association of the residents of GH-13, Paschim Vihar,
New Delhi. Adjacent to this colony is Jwalapuri which
houses PVC market. The divide between petitioner’s
colony and Jwalapuri is a road of 40 ft. width. The
grievance of the petitioner is that in contravention of
Master Plan of Delhi and Zonal Plan of the area
residential line in Jwalapuri is being misused for
commercial purposes and illegal and unauthorised
structures have come up. The occupants of these structures who are doing commercial activities and dealing with PVC for manufacturing and trading purposes
are expanding their activities in the area although it
is hazardous activities. It is also stated in the
petition that from May, 1990 till the filing of the
writ petition in 1996, six major incidents of fire have
occurred which have not only affected the people in
Jwalapuri but the residents of the petitioner’s colony
also. The activity by PVC market generates noxious
fumes and unbearable heat which is fanned into the
colony by strong surface winds and this is causing
health and other hazards. There has been a large scale
of abandonment of the houses by the residents of the
petitioner’s colony due to proximity of PVC in
Jwalapuri.
2. It is further pleaded in the writ petition
that a Committee was appointed by the Govt. of NCT of
Delhi to examine the feasibility of shifting the
Jwalapuri PVC market which submitted its report on 9th
June, 1995. It is also stated that the respondent No.1
by order and public notice dated 4th August, 1995
banned forthwith plastic waste and PVC material trade
including stocking and collecting of such products from
Jwalapuri and other adjoining localities.
3. Feeling aggrieved by this order, writ petition
No.2902/95 was filed which was dismissed by this court
vide judgment and order dated 12th April, 1996 and the
relevant extracts of the said order are reproduced
below:
“It was a condition of the allotment made
to the traders that the plots would have
single storey construction with only 40%
covered area but the traders not only
raised 100% construction but also 3 or 4
stories without leaving any open space
and without obtaining any sanction. They
also occupied unauthorizedly the common
areas, public lands, streets and roads
and all possible available open space.
The dealers increased manifold and as
against 479 allottees there were about
2000, functioning in the market.
As per the Master Plan 1962 (extract copy
filed) the land where Jawalapuri market
was situated is marked for residential
houses.
The fact remains that the land on which
these traders were settled was set apart
for residential use in the Master Plan
and it could not have been diverted to
any use other than residential except
after changing the land use in accordance
with Section 11A of the Delhi Development
Act, 1957. Continuance in Jwalapuri of
such traders along with their trading and
manufacturing activities would be only in
defiance of the provisions of Master
Plan.”
4. It is also stated that the petitioner in the
meantime filed another Public Interest Litigation
bearing CWP No.513/96 which was allowed vide judgment
and order dated 22nd March, 1996 directing the
authorities to enforce the ban ordered by notification
dated 3rd August, 1995. Pursuant to this judgment, the
trade has now come to an end and certain open areas
which were unauthorizedly encroached upon have since
been cleared. However, the DDA has now decided to
allot plots for purpose of trade although area in
question is earmarked for residential purposes. The
petitioner in the present writ petition is aggrieved by
this decision of the DDA and has filed this petition
with the following prayer:
1. Quash the order/decision of the
respondent No.2 DDA whereby the land
located in Jwalapuri meant for
residential use was diverted for setting
up of PVC market;
2. direct the respondents No.1 and 2 to
identify and remove all unauthorised
constructions made in the P.V.C. Market,
Jwalapuri;
3. to demolish and remove all allegedly
authorised constructions made on the land
earmarked for residential purpose and
develop the same in conformity with the
Master Plan of Delhi-2001.”
5. Notice to show cause in this petition was
issued to the respondents who were served. Interim
orders were passed from time to time directing
demolition of unauthorised constructions and
structures. Action was taken on these orders and
action taken reports filed by the respondents.
6. When the matter came up for hearing on 15th
January, 2002 Mr.Raj Panjwani, learned counsel
appearing for the petitioner fairly admitted that all
the encroachments in the area in question have been
removed. He, however, made a statement to the effect
that the land which was now lying vacant should be
available for community needs of the residents of the
area. He, however, admitted that the petitioner has
already made a representation to this effect to DDA.
Since the matter involves a policy decision to be taken
by the respondent/DDA, it would not be proper for this
court to issue any positive direction to this effect,
particularly when there is no such prayer in the writ
petition also. It would suffice if the directions are
issued to the DDA to consider the representation of the
petitioner on its own merits and take a suitable
decision thereon expeditiously and in any case, within
four months from the date of receipt of copy of this
order by DDA.
7. Since the purpose of filing this writ petition
has otherwise been served, no further orders are
required to be passed in this writ petition. The
petition is accordingly disposed of.