Cannot deny land to Buddhist mission in CR Park: HC

After perusing the case records and the DDA layout plan with respect to the allotment of plot numbers 2 and 3 adjoining Pocket 52 in the area to the Buddha Tri Ratna Mission for construction of a Buddhist temple or monastery in 1997,the Bench noted that there appeared no illegalities in the allotment.

“(The) Learned Single Judge has rightly held that the allotment was made in 1997 and is governed by the layout plan and the Masterplan applicable at the relevant time… We do not find any merit in the present appeal and the same is dismissed in limine,” the Bench held.

The Residents’ Welfare Associations of Blocks M,N and P of CR Park had opposed the allotment by the DDA and the Land and Development Office (L&DO),calling it contrary to rules and bylaws. They contended that the plots were earmarked for a park or a green area.

Since the area,which was originally designated in the layout plan as a green area/ park,had been re-allotted for the construction of the Kali Bari Mandir,allotment of the plots in question should be cancelled and converted into the green area,their petition stated.

The RWA had further alleged that the DDA had made a change in the layout plan,which the land agency refuted,saying the land use remained the same as per the 1978 notification.

“With regard to the land use of the plots in question,the same is classified under the broad head “Residential” with a specified land use indicated as ‘religious’ site. This position is reflected in the current zonal plan approved under the Masterplan of Delhi 2021. Thus,as per the DDA’s stand,there was no modification in the layout plan,” the Bench noted.

The first petition filed by the residents had been dismissed by Justice S Muralidhar last year,who came down heavily on the RWA for taking the matter to court again though the matter had already been decided in the mission’s favour on October 23,2003.

“In a residential colony in an urban metropolis,any attempt by members of the dominant community to exclude members of any other community from access to public space and reserve such space to themselves must be frowned upon. Such a move will defeat the objective of a true integration of populations irrespective of religious or linguistic denomination… The court should not be used to achieve the impermissible practice of segregation of populations…,” Justice Muralidhar had said.