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PETITIONER: GHANSHYAM DASS KEDIA & ORS.

       Vs.

RESPONDENT: SHRI N.P. SINGH, SECRETARY, GOVERNMENT OF INDIA & ORS.

DATE OF JUDGMENT:       07/04/1997

BENCH: K. RAMASWAMY, D.P. WADHWA

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      We have heard learned counsel on both sides.      This Court by order dated December 12, 1995 in Union of India &  Ors. vs.  Ghanshyam Dass Kedia & Ors. [(1996) 2 SCC 285] had  given direction  to the DDA and the Union of India that 19  persons, the  appellants therein,  be given 330 sq. yard each uniformly for construction of their houses, as per plans  sanctioned   by  the   authorities,  with  all  other amenities. It would appear that there was some problem which was not  brought to the notice of the Court at the time when the matter  was disposed  of. I.As.  were filed,  one by the Union of  India and one by DDA. As per the application filed by the  Union of  India, they  proposed four alternative for allotment of  the plots  to them.  After going  through  the record, we  have put  them to  the learned  counsel for  the parties. Shri Harish Salve, learned senior counsel appearing for some of them, has also discussed with the parties. After the  discussion,  it  now  emerges  that  alternative  No.IV proposed  by  the  Union  of  India  is  acceptable  and  is accordingly accepted by them. As per that, residential flats are required to be constructed for the said 19 petitioner in an extent of one acre of the land. The area required for the said flat to be constructed by them will be "A.B.C.D. - 1.00 acre" and  P &  SP to  be with  DDA, the area is of 2 acres. Hence, there is no need to cut the existing trees growth. It is suggested  that the  petitioner themselves would make the construction under the direction and supervision of the DDA. That also  is agreed.  The Government  of India would change land use  zone.  The  DDA  is  directed  to  give  necessary sanction to  the plans  and supervise  the construction; the petitioners would  construct  the  flats  according  to  the specifications and  as per  the sanction  given by  the DDA. Union of  India is  directed to  change the user of the land within two  months from the date of the receipt of the order and DDA is directed to give necessary sanction and allot the land within four weeks thereafter.      The Contempt  Petition and I.As. are disposed of in the above terms.

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