TMI Blog1980 (11) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... near Tilak Nagar, Najafgarh Road, New Delhi. The land was situated within the municipal limits of Delhi. Amin Chand decided on developing the land as a residential colony named, after his father, the Gangaram Vatika Colony . He submitted a lay-out plan for sanction under s. 313 of the Delhi Municipal Corporation Act, 1957. The plan was sanctioned by the Standing Committee of the Delhi Municipal Corporation by Resolution No. 17 passed on 10th December, 1958. A revised lay-out plan was approved by the Standing Committee by Resolution No. 871 dated 12th November, 1964. Meanwhile, Amin Chand died, and the appellant, his son, thought it desirable that the lay-out plan should include provision for the construction of a cinema. Plots Nos. 33, 34 and 35 approved as separate units for the construction of residential houses in the lay-out plan were selected as an amalgamated unit for the cinema. An application dated 20th April, 1967, accompanied by a copy of the sanctioned lay-out plan indicating the proposed changes, was filed by the appellant and he prayed for an early sanction in terms of the provisions of s. 313 of the Act. The Town Planner of the Corporation informed him by letter d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ets; (e) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets. (2) The provisions of this Act and the bye-laws made thereunder as to width of the public streets and the height of buildings abutting thereon, shall apply in the case of streets referred to in sub-section (1) and all the particulars referred to in that sub-section shall be subject to the sanction of the Standing Committee. (3) Within sixty days after the receipt of any application under sub-section (1) the Standing Committee shall either accord sanction to the lay-out plan on such conditions as it may think fit or disallow it or ask for further information with respect to it. (4) Such sanction shall be refused- (a) if the particulars shown in the lay-out plan would conflict with any arrangements which have been made or which are in the opinion of the Standing Committee likely to be made for carrying out any general scheme of development of Delhi whether contained in the master plan or a zonal development plan prepared for Delhi or not; or (b) if the said lay-out plan does not conform to the provisions of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut plan bear on the provisions of s. 312. The lay-out plan will indicate in what manner the plots are proposed to be divided and the use to which they will be applied as well as the condition and direction of the streets, which provide access to them, so that it can be determined whether the private streets proposed in the lay-out plan will adequately and sufficiently serve the buildings raised on the plots. Sub-s. (3) requires the Standing Committee, within sixty days after receipt of the application, either to accord sanction to the lay-out plan or to disallow it or ask for further information in respect of it. If further information is asked for, the ban on the owner utilising, selling or otherwise dealing with the land continues to operate until orders have been passed by the Standing Committee on receipt of the information. That is sub-s. (5). Its proviso lays down that the passing of such orders shall not be in any case delayed for more than sixty days after the Standing Committee has received the information which it considers necessary. Sub-ss. (3) and (5) of s. 313 prescribe a period within which the Standing Committee is expected to deal with the application made under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 336 requires the Commissioner to communicate the sanction to the applicant and, where sanction is refused, to communicate the refusal with a statement of his reasons for such refusal. If the period specified in sub-s. (1) of s. 337 has expired without the Commissioner refusing to sanction or, if refusing, without communicating the refusal, the applicant can commence and proceed with the projected building or work. If it appears to the Commissioner that the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for a public purpose or by any of the other public works mentioned in the proviso to sub-s. (1) of s. 337, he may withhold sanction of the proposed building or work, but even therefor not more than three months and the period specified in the sub- section is computed as commencing from the expiry of such period. That is not all. On the sanction or deemed sanction, the applicant must under sub-s. (3) of s. 337 commence the erection of the building or execution of the work within one year. Failure to do so will reduce him to the need for taking fresh steps for obtaining the sanction. Then, before commencing the erection of the bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rein. That will be a matter for the Standing Committee to consider. The Appellate Bench of the High Court has held that the appellant is not entitled to invoke sub-s. (3) of s. 313 for the grant of sanction to the revised lay-out plan. The High Court was apparently of the view that s. 313 is attracted only when the owner of the land has not yet utilised or otherwise dealt with the land and the application for sanction envisaged under s. 313 is the first application made for the purpose. The High Court has referred to the circumstances that the owner had already commenced to act on the sanction granted to the original lay-out plan. We think that the limited view taken by the High Court is not justified. It is open to the owner of land, after obtaining sanction to the original lay-out plan, to apply afresh for sanction to a revised lay-out plan. Circumstances may arise, after the original sanction was granted, requiring the owner to incorporate changes in the original lay-out plan. In that event, when an application is made for the grant of sanction to a revised lay-out plan it is, as it were, an application for the grant of a fresh sanction. There is a fresh lay-out plan for whic ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
