11/23/2017
 
11Since the DDA was not permitting the  society to utilize the land for its members ,as proposed and was delaying the NOC , the  Society approached the Committee on Petition (Tenth Lok Sabha) for seeking permission for starting building activities on the land owned by the members of the  Society located at Vasant kunj, Mehrauli, New Delhi . After hearing DDA and Ministry of Urban Development the Petition Committee vide its report dated 6.3.1996 recommended that the Society be allowed to construct multistoried flats on its land. The relevant portions of the recommendation of the Committee on Petitions are extracted hereunder:-
  • The Committee further note that the land in question falls in the development area no.176 in the residential zone in the Delhi Master Plan but the DDA could not develop it due to its non-acquisition by the Delhi Administration. The DDA had requested the Delhi Administration to acquire the land as far back as in the year 1986. But the land has not been acquired so far in spite of many reminders by DDA. In fact the land has not even been notified for acquisition as yet. Moreover the Delhi Administration has not communicated any reason for not acquiring the land.
  • The Committee , while agreeing with the policy of the Government and the DDA about the planned development of Delhi, feel in the circumstances of the present case that the Jag Jiwan Cooperative House Building Society should be allowed to construct multistoried flats on their land and then flats are allotted to their members. To achieve this objective the petitioners may also fulfill the necessary formalities such as conversion of the society into a group housing society etc”.

12 The society had issued various letters/reminders to the Hon’ble Lt Governor and Hon’ble Chief Minister for grant of NOC to the  Society to use the land for residential purpose. Recently the Hon’ble High Court had given a decision in a Writ Petition 23654/2005 asking the authorities to give their replies on the following observations by the Court:-

  • In Society’s case there has been no land allotment but the land has been purchased by them
  • There have been cases where the land which is privately acquired and developed for housing has been released or alternative land made available when the public purpose is also housing
  • Whether the DDA would still be interested in acquisition of the land if the land of the society is put for purposes of housing which is a public purpose and the society meets all the necessary norms. This is also in the context of the current policy where a public private participation is envisaged and further acquisition are not taking place for the DDA other than specifying the landuse.
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