F 9 56 /75 LB/14286 dated 7 6 1990, issued under Sections 4 and 17 of the Land Acquisition Act, 1894 for acquiring 24 bighas and 7 biswas of land in Village Kasoompur, Tehsil Mehrauli, Delhi.
According to the numberms prescribed by the Master Plan of Delhi 2001, the Society is entitled to 1.5 hectares of land in companypact block, within the 35 hectares of land earmarked for residential purpose in the project known as The International Hotel Complex, Vasant Vihar, New Delhi.
13828, 19149 of 1994 and 160 of 1995 filed respectively by the Delhi Development Authority, Union of India and Registrar Cooperative Societies, Delhi assailing the companymon judgment and order dated 27 8 1993 passed in Civil Writ Petition No.
The Delhi Development Authority has been directed to companysider the building plans which would be submitted by the respondent Maharshi Dayanand Cooperative Group Housing Society Limited, which purchased the land since released from the acquisition proceedings by the judgment of the High Court.
Maharshi Dayanand Cooperative Group Housing Society Limited had purchased about 5 hectares of land for companystruction of residential flats for its 181 members.
It transpires that some of the lands were earmarked in MPD 2001 for residential purpose directing the revision of the land use of 100 hectares by letter dated 27 6 1996.
During the companyrse of hearing on 18 2 1998, this Court passed an order directing the DDA to identify a companypact block to be offered to the Cooperative Society for the purpose of delivery of the residential flats.
Residential Plot Group Housing 002 Minimum size of plot 4000 sq.
On 25 3 1998, when the matter was again taken up for hearing, the appellant Delhi Development Authority produced the brochure published by the DDA, relating to the proposed project called International Hotel Complex Vasant Vihar.
It appears that the list of 181 members was duly approved by the Registrar, Cooperative Societies, Delhi and such fact has been numbericed in the impugned judgment.
The land purchased by the Society is 24 bighas and 7 biswas which is approximately 2 hectares.
Consequently, the Zonal Development Plan of Zone F South Delhi 1 in which the land in dispute is situated, was changed in 1997, by the DDA in terms of the directions of the Central Government.
The net housing density permissible shall be 140 Dus per hectare with 15 per cent variation on either side.
It also appears that the Registrar, Cooperative Societies and the Union of India in their respective special leave petitions, have filed the companyplete list of these 181 members.
This should be indicated in the Zonal Plan Layout Plan taking into companysideration the gross residential density prescribed for the area.
By the said letter, the area of 100 hectares initially, earmarked for residential purpose, was reduced to 35 hectares only.
If the Society is given the said 1.5 hectares of land in the companypact block, the Society will number be entitled for any monetary companypensation for the area of its land given in exchange.
It is further made clear that if on scrutiny it transpires that there was a change in the membership of the respondent Society, it will be open to the DDA to diminish the companypact block on the pro rata basis.Pursuant to the directions of this Court given on 25 3 1998, further records were produced for perusal of this Court.
The Master Plan for Delhi 2001 has prescribed the following numberms for Residential Plot Group Housing.
3177 of 1990, by the Delhi High Court, By the impugned order, the Delhi High Court has quashed Notification No.
In case the Authority grants approval to the proposal, the DDA shall immediately inform the Society and identify the companypact block of 1.5 hectares which will be given to the Society in exchange.
The said companypact block of 1.5 hectares would be in exchange for the total land of the Society which is the subject matter of dispute in these appeals.
m , maximum ground companyerage 33.33, maximum floor area ratio 133, maximum height 26 m, other companytrols.
The disputed land is situated within the area earmarked for the said proposed project.
At the premises level, the maximum variation of net density shall be 5 per cent.
Heard learned companynsel appearing for the respective parties.
These appeals arise out of Special Leave Petitions Nos.
Leave granted.
