Pursuant to the aforesaid order, the matter was examined by the Chief Secretary of the Government of NCT of Delhi after calling all the stakeholders with a view to explore the possibility as to whether any amicable solution can be arrived at between the parties and, if so, on what terms.
8701/2009 and Delhi Development Authority DDA respondent No.1 in C.A. No.3864/2009 .
85 of 2004 Digitally signed by ASHA SUNDRIYAL Date 2017.09.07 170726 IST Reason and W. A. No.
This exercise shall be taken because of the recurring nature of such problems.
Subsequently, the allotment was cancelled and then the DDA allotted 2.47 acres approx.
In the meantime, Chief Secretary, MCD, D.D.A. and M.C.D. shall explore the possibility of finding solution the problems involved in the present case.
This was the position even under the Master Plan 1981 2001 during the currency of which the DDA had made various allotments at variance from the prescriptions therein.
Later in 1998, the DDA withdrew the original allotment made in favour of the Society and allotted 1.29 acres to the Society in the same vicinity.
Dissatisfied with the directions issued by the Division Bench of the High Court, the Society and the M.C.D. filed separate appeals by way of special leave before this Court.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are of the companysidered opinion that the report submitted by the Chief Secretary, set out above, deserves to be accepted including his recommendations companytained in Paras 12 and 13 quoted above.
I believe that both schools would be viable if the present area of 1.354 acres with Lovely Bal Shiksha Parisahd and 1.345 acres with MCD is maintained.
By companymon judgment order dated 11.06.2004, the Division Bench disposed of the appeals with some directions in modification of the directions issued by the Single Judge.
Felt aggrieved by the said order, the Society filed writ appeal 85/2004 and the C.D. also filed writ appeal 532/2004 .
The Chief Secretary, in his report, has companycluded in Paras 12 and 13 as under In short, I found that there was numberroom for any companypromise.
Abhay Manohar Sapre, J. These appeals are filed against the companymon final judgment and order dated 11.06.2004 passed Signature Not Verified by the High Court of Delhi in W. A. No.
This Court on 03.08.2007 passed the following order Call after four weeks.
It was companytested by DDA and MCD.
With the aforesaid background of the case, the question arises as to what orders need to be passed for the disposal of these appeals.
Since the lands allotted to the Society and the MCD is in the same area and being companytiguous to each other, the Society felt aggrieved of the decision of DDA by which the DDA had allotted reduced area as companypared to what was originally allotted to the Society and filed a writ petition C.W.P. No.8277/2002 against the DDA and MCD, seeking quashing of the said decision before the High Court.
By order dated 14.11.2003, the Single Judge disposed of the writ petition and issued mandamus in the form of certain directions to the DDA in relation to allotted lands to the Society and MCD for their companypliance.
of land in the same vicinity to the Lovely Bal Shiksha Parishad hereinafter referred to as the Society for establishing a Middle School.
However, in the year 2002, the DDA allotted 1.40 acres to MCD, which was a part of the land originally allotted to the Society in the year 1998.
On inspecting the site, hearing all the stakeholders views and examining the entire issue, the Chief Secretary was of the view that the parties are number prepared to settle amicably.
In the year 1989, the DDA had allotted the land in question to the MCD for establishing a primary School.
It is in relation to the land situated at Mayur Vihar Phase II, New Delhi.
Brief facts The dispute in this case is between the appellant a registered Society named Lovely Bal Shiksha Parishad, Delhi Appellant in C.A. No.3864/2009 and respondent in C.A. No.8701/2009 and M.C.D., respondent No.
532 of 2004 respectively whereby the Division Bench of the High Court disposed of the appeals filed by the Lovely Bal Shiksha Parishad and M.C.D., appellants in both the appeals with some directions in modification of the directions given by the Single Judge vide order dated 14.11.2003 in C.W.P. No.8272 of 2002.
