PETITIONER: GHANSHYAM DASS KEDIA & ORS. Vs. RESPONDENT: SHRI N.P. SINGH, SECRETARY, GOVERNMENT OF INDIA & ORS. DATE OF JUDGMENT: 07/04/1997 BENCH: K. RAMASWAMY, D.P. WADHWA ACT: HEADNOTE: JUDGMENT:
O R D E R
We have heard learned counsel on both sides.
This Court by order dated December 12, 1995 in Union of
India & Ors. vs. Ghanshyam Dass Kedia & Ors. [(1996) 2 SCC
285] had given direction to the DDA and the Union of India
that 19 persons, the appellants therein, be given 330 sq.
yard each uniformly for construction of their houses, as per
plans sanctioned by the authorities, with all other
amenities. It would appear that there was some problem which
was not brought to the notice of the Court at the time when
the matter was disposed of. I.As. were filed, one by the
Union of India and one by DDA. As per the application filed
by the Union of India, they proposed four alternative for
allotment of the plots to them. After going through the
record, we have put them to the learned counsel for the
parties. Shri Harish Salve, learned senior counsel appearing
for some of them, has also discussed with the parties. After
the discussion, it now emerges that alternative No.IV
proposed by the Union of India is acceptable and is
accordingly accepted by them. As per that, residential flats
are required to be constructed for the said 19 petitioner in
an extent of one acre of the land. The area required for the
said flat to be constructed by them will be “A.B.C.D. – 1.00
acre” and P & SP to be with DDA, the area is of 2 acres.
Hence, there is no need to cut the existing trees growth. It
is suggested that the petitioner themselves would make the
construction under the direction and supervision of the DDA.
That also is agreed. The Government of India would change
land use zone. The DDA is directed to give necessary
sanction to the plans and supervise the construction; the
petitioners would construct the flats according to the
specifications and as per the sanction given by the DDA.
Union of India is directed to change the user of the land
within two months from the date of the receipt of the order
and DDA is directed to give necessary sanction and allot the
land within four weeks thereafter.
The Contempt Petition and I.As. are disposed of in the
above terms.