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DDA violated its own laws in notifying development areas: Court
New Delhi, Oct 26: A city court has said that Delhi Development Authority had flouted its own laws in notifying certain regions in Delhi as development areas.
New Delhi, Oct 26: A city court has said that Delhi
Development Authority had flouted its own laws in notifying
certain regions in Delhi as development areas.
Presiding officer of MCD Appellate Tribunal B S Mathur
made the observation while quashing a demolition order of a
construction in Lal Dora village of Budhpur saying "... It
appears that the centre on the recommendation of DDA has been
declaring any area as a development area as a matter of
routine and without caring for whether or not the same is in
accordance with the provisions of Delhi Development Act."
The Tribunal said the notification of declaring Lal Dora village and extended Lal Dora of village Budhpur, being a rural area, as a development area is in violation of the provisions of DD Act.
"For smooth and proper implementation of DD Act, DDA should develop a mechanism so that in the name of declaring an area as development area, the civil and legal rights of the villagers living in Lal Dora and extended Lal Dora are not violated," the court held.
Ved Prakash Gupta had appealed to the Tribunal against the DDA's demolition order regarding a property in the extended Lal Dora area.
The tribunal said if it accepted DDA's contentions it would amount to not allowing any construction or development in extended area of villages, adding that "this was not the intention of the legislators while enacting the DD Act."
"There is a lack of jurisdiction on the part of DDA to pass a demolition order regarding the construction raised in extended Lal Dora of Budhpur village," it added.
Bureau Report
The Tribunal said the notification of declaring Lal Dora village and extended Lal Dora of village Budhpur, being a rural area, as a development area is in violation of the provisions of DD Act.
"For smooth and proper implementation of DD Act, DDA should develop a mechanism so that in the name of declaring an area as development area, the civil and legal rights of the villagers living in Lal Dora and extended Lal Dora are not violated," the court held.
Ved Prakash Gupta had appealed to the Tribunal against the DDA's demolition order regarding a property in the extended Lal Dora area.
The tribunal said if it accepted DDA's contentions it would amount to not allowing any construction or development in extended area of villages, adding that "this was not the intention of the legislators while enacting the DD Act."
"There is a lack of jurisdiction on the part of DDA to pass a demolition order regarding the construction raised in extended Lal Dora of Budhpur village," it added.
Bureau Report