IN THE HIGH COURT OF DELHI AT NEW DELHI CWP 8523 of 2003

In Re: Shiv Narayan … Petitioner Vs Delhi Development Authority & Ors. … Respondents

COUNTER AFFIDAVIT ON BEHALF OF THE RESPONDENT No.4 MUNICIPAL CORPORATION OF DELHI (MCD) TO THE WRIT PETITION FILED BY THE PETITIONER

I, Shamsher Singh, Senior Town Planner, Municipal Corporation of Delhi, do hereby solemnly affirm and declare as under:-

  1. That I am working as Senior Town Planner with Municipal Corporation of Delhi and I have gone through the contents of the writ petiotion and the documents annexed with the writ petition and I have also gone through the official records in connection with the case and am aware of the facts relating to this case on the basis of the above official records and I further state that I am fully authorised and competent to sign and swear this affidavit for and on behalf of the Respondent No.4, Municipal Corporation of Delhi, hereafter referred to as MCD.
  2. I further respectfully submit that unless specifically admitted the contents of writ petition may kindly be treated to be denied.

PRELIMINARY SUBMISSIONS

A) It is respectfully submitted that the area in question is a “development area” and falls under the jurisdiction of Delhi Development Authority (DDA) and therefore no cause of action against answering respondent. However, for the sake of clarity it is submitted that role of MCD would come into play only after the “area in question” is handed over to MCD, under formal orders of the Lieutenant Governor of NCT of Delhi and that too for the purpose of “limited to maintenance of”

  • Internal roads
  • Storm Water (SW) drains (along side road drains)
  • Horticulture development, limited to internal parks, as main parks are kept by DDA and maintained by DDA itself
  • Conservancy services (connected with garbage)

B) I respectfully submit that the procedure is that the MCD accepts an area from DDA for maintenance purposes, after it has been “developed” by DDA. If it is found that the area being transferred to MCD has not been fully developed, then the MCD claims “deficiency amount” and this amount is settled by the Lietenant Governor of NCT of Delhi, before he finally passes order of transfer of area from DDA to MCD. It is on the payment of above charges only that MCD accepts the said transfer. The liability of MCD with respect to services mentioned above, starts only after proper handing over / taking over of the said area as per the orders passed by Lieutenant Governor of NCT of Delhi.

C) I say that, as on date of swearing of this affidavit, the area in question in this writ petition is a “development area” and the DDA has not transferred it to MCD and therefore no cause of action stands against the MCD and it is prayed that the Municipal Corporation of Delhi be deleted from the array of respondents.

Reply on Merits

Para 1 & 2: That Para 1 and 2 of the present Writ Petition requires no comment as the same are a matter of record The Respondent No.4, MCD, claims having no knowledge of the same. It is submitted. that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.

Para 3: That in Para No.3 of the present Writ Petition the Petitioner himself has admitted that it is the Delhi Development Authority (DDA) which is a planning and development agency with a sole motive to promote and secure development of Delhi therefore no reply is called for from MCD. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.

Para 4: That Para 4 of the present Writ Petition requires no comments on behalf of MCD since the contents exclusively pertains to DDA. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.

Para 5: That since it is the Delhi Development Authority which is the Planning and the Development Agency, the reply to the contents of Para 5 of the present Writ Petition is to be filed by DDA and not by MCD. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.

Para 6. That regarding (a) and (b) of Para 6 of the present Writ Petition, the reply is to be filed by DDA as well as by the concerned services department. It is respectfully submitted that MCD is no where concerned / related with the said schemes or plans nor does it have any knowledge of the same. It is respectfully submitted that MCD has only been impleaded as a Performa party. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.

Para 7. That the contents of Para 7 of the present Writ Petition are not denied as the same are a matter of record. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.

Para 8. That the contents of Para 8 of the present Writ Petition are to be replied by DDA. It is submitted that MCD is nowhere concerned with it. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.

Para 9. That the contents of Para 9 of the present Writ Petition are to be replied by DDA, as the Vasant Kunj area was planned and developed by DDA. It is respectfully submitted that MCD is nowhere concerned with it. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.

Para 10. That on the basis of the submissions made above, Para 10 of the present Writ Petition also needs to be replied by DDA, as the same relates to development of the Vasant Kunj area. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.

Para 11. That with regard to contents of Para 11 of the present Writ Petition it is respectfully submitted that the site for schools were allotted by DDA, which is the Planning and Development Agency and therefore it is the DDA which is the proper authority file the reply. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.

Para 12. That same view has been taken regarding Para 12 of the present Writ Petition also. since the issue in question pertains to planning and development, the reply is to be filed by DDA. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.

Para 13. That Para 13 (a) of the present Writ Petition also pertains exclusively to DDA and does not pertain to MCD, therefore no reply is called for from MCD. As far as contents of (g) of Para 13 are concerned, the surrounding area of Mahipal Pur have been planned and developed by DDA therefore the matter pertains to DDA and it is to be replied by DDA. It is submitted that the contents of the ‘preliminary submissions may kindly be read as reply to this Para, contents of which are not being repeated for the sake of brevity.

Para 14. That as has been stated above, the issue being related to planning and development, would require reply from DDA.

Para 16. That based on the above-mentioned submissions, sub-clause (a) to (h) mentioned as Grounds under the present Writ Petition is to be looked into and replied by DDA and concerned service Agencies. It is respectfully submitted herein that the MCD has absolutely no role to play in the said operation

sd/- DEPONENT

VERIFICATION:

Verified at New Delhi on this day of April 2005, that the contents of para No.1 to 15 of the counter affidavit are true and correct to my knowledge and as per official records maintained in the Office of Municipal Corporation of Delhi. Contents of Preliminary Submissions are true and correct to my knowledge and record as maintained in the office of Municipal Corportion of Delhi. Nothing material has been concealed therefrom.

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Deponent