TMI Blog1994 (10) TMI 309X X X X Extracts X X X X X X X X Extracts X X X X ..... if he submitted the plan as proposed by them they might consider his request. Amin Chand, therefore, submitted fresh proposal in accordance with proposed layout plan in September 1958. In the plan it was proposed to divide the colony into 98 residential plots and 7 shops plots. Some open space was reserved for children park. The plan was approved by the Corporation. It passed a resolution in December 1958 approving the plan. In the plan the water supply to the colony was proposed to be supplied by tubewells as an interim arrangement till the municipal supply of water reached the colony. It was proposed to install tubewells in the two plots measuring 100 x 80 ft. These two plots Nos. 1 and 2 were set apart for this purpose. Later on since municipal water supply main reached Tilak Nagar there was no necessity of installing any tubewell for the supply of water to the colony. Amin Chand, therefore, decided to connect his colony with the municipal water supply main. After providing services to the colony he applied to the Corporation for removing restrictions on building activities in the colony. He wanted to sell the plots. Permission was also sought from the Corporation for his purcha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling the finding recorded by the trial court that the Corporation had no right to ask the plaintiff to transfer to it sites for parks and schools free of cost. The other appeal was against the observation in favour of the appellant that he was entitled to relief of declaration and injunction. This appeal was dismissed by the High Court as incompetent. As regards the other appeal the High Court held that the resolution of the Committee did not amount to transfer of ownership to it. It was only a transfer of right of management. The court, therefore, held that after the plans were sanctioned on the basis of the voluntary restrictions placed by the appellant himself on his ownership rights a fiduciary relationship in the nature of trust came into existence by operation of law in respect of those plots and appellant's right of ownership stood modified. The court repelled the claim of the appellant that he would himself manage the park and the school as the appellant having ceased to be full and complete owner of the space set apart for parks and schools he held them only as a trustee. It was held that a fiduciary relationship in the nature of trust having arisen and the coloniser h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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. 1 ILR 1969 Del 1055 (3) Within sixty days after the receipt of any application under subsection (1) the Standing Committee shall either accord sanction to the layout 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 layout plan would conflict with any arrangements whic h 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 layout plan does not conform to the provisions of this Act and bye-laws made thereunder; or (c) if any street proposed in the plan is not designed so as to connect at one end with a st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The finding of the High Court that such condition did not amount. to transfer of ownership but it was only a transfer of the right of management cannot be accepted. The two rights, namely, of ownership and of management, are distinct and different rights. Once a vacant site is transferred in favour of another free of cost then the person transferring it ceases to be owner of it. Whereas in transfer of right of management the ownership continues with the person to whom the property belongs and the local authority only gets rights to manage it. But the conditions imposed by the Standing Committee clearly meant to transfer the ownership in favour of the Corporation. The Corporation as custodian of civil amenities and services may claim and that would be proper as well, to permit the Corporation to regulate, manage, supervise and look after such amenities but whether such a provision can entitle a Corporation to claim that such property should be transferred to it free of cost appears to be fraught with insurmountable difficulties. The law does not appear to be in favour of the Corporation. Public purpose is, no doubt, a very important consideration and private interest has to be sacr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch empowers the Commissioner to sanction a layout plan, does not contemplate vesting of the land earmarked for a public purpose to vest in the Corporation or to be transferred to it. The requirement in law of requiring an owner to reserve any site for any street, open space, park, recreation ground, school, market or any other public purposes is not the same as to claim that the open space or park so earmarked shall vest in the Corporation or stand transferred to it. Even a plain reading of sub-section (5) indicates that the land which is subject matter of a layout plan cannot be dealt with by the owner except in conformity with the order of the Standing Committee. In other words the section imposes a bar on exercise of power by the owner in respect of land covered by the layout plan. But it does not create any right or interest of the Corporation in the land so specified. The resolution of the Standing Committee, therefore, that the area specified in the layout plan for the park and school shall vest in the Corporation free of cost, was not in accordance with law. 6. Reserving any site for any street, open space, park, school etc. in a layout plan is normally a public purpose a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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