Delhi Development Authority v. Punjab National Bank
2003-11-24
B.N.AGRAWAL, Y.K.SABHARWAL
body2003
DigiLaw.ai
ORDER : 1. During the pendency of these appeals/petitions, the Delhi Development Authority (Permission of Residential Land for Use as Banks) Regulations, 2003 have been framed by the Government and the Authority in exercise of powers conferred by Sub-section (1) of Section 57 of Delhi Development Act, 1957, as stated in the affidavit of Mr.Anil Baijal, Vice Chairman, Delhi Development Authority, dated 22nd July, 2003. The affidavit further states that the prosecution matters will have to be dealt with, after the new notification of regulations, as under: (i) Existing misuse will be regularised as per the provisions of the regulations, on case-by-case basis. (ii) In each case the misuse charges will be levied in the form of Permission Fee to be paid by the lessee on annual basis, at the rates prescribed by the Ministry of Urban Development. (iii) Such permission of payment fee can only be given in respect of such premises, which conform to the requirements laid down in the above mentioned regulations. (iv) After the misuser has paid up-to-date permission fee in terms of the provisions of the regulations recently notified prosecution shall be withdrawn. 2. From the submissions made by Mr.Mukul Rohtagi, learned Additional Solicitor General, it appears that each individual cases have not been examined so far. We, further, do not know whether any guidelines have been issued on the basis whereof, the misuser charges are to be levied. If not already framed, the Authority shall frame the guidelines for the said purpose and supply copy thereof to the respondents. The Authority is further directed to constitute a committee to examine each individual case and submit a report to this Court within a period of three months. This direction would also apply to nursing homes and guest houses in respect whereof similar regulations are stated to have been framed. The respondents would be granted an opportunity of hearing by the Committee. 3. List after the receipt of the report.