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High Court Of Delhi
N.K.RUSTOGI - Appellant
Versus
K.GUPTA - Respondent
Civil Miscellaneous (Main) 18 of 1993
Decided On : 01/18/1993
Tenant/Petitioner had been allotted a flat by Delhi Development Authority (D.D.A.) under its Self — Financing Scheme (SFS) and the landlord had thereupon filed an eviction petition under section 14(1)(h) of the Rent Control Act. The tenant claimed that he was exempt from eviction for ten years under clause (hh) of Section 14(1)(hh); he contented that allotment by DDA under self Financing Scheme was equivalent to construction of a flat by him through the agency of the DDA. Under the DDA rules and regulations, however, an allottee is subject to several restrictions as regards the allotted flat; he may not use the flat for any purpose other than residential; he may not make structural alterations or transfer mortagage or otherwise part with possession of the flat without previous permission of DDA. Violations of the regulations can result in DDA cancelling the allotment.
The Rent Controller rejected the tenants claim and held that the case was not covered by Section 14(1)(hh), but rather by Section 14(1)(h). Also dismissing the tenant/petitioners claim the Court
Held:
1. The DDA will remain the overall in charge of these constructed flats. The allottee has no freedom to deal the same in any manner he likes. He is bound by the rules and regulations as stipulated by the DDA.
2. In fact it is the DDA which has constructed these houses and sold to intending purchasers i.e. petitioner. The only participation of the petitioner was financed and that too given at the dictate of the DDA. He has no right to transfer, mortgage or otherwise part with the possession of this flat. If he had constructed his own house on his own land he would have full supremacy over the same. He would not have been guided and regulated by the terms set down by the DDA nor would have to apply its sanction for mortagage of this flat. thereforee the flat allotted and the vacant possession of which has been given to the petitioner would not constitute "build a residence" by him or through his agency. It would definitely be covered by definition of acquiring the flat by allotment by the DDA to the petitioner. The case of the petitioner is covered under clause (h)and not under (hh) of section 14(1) of the Act.
( 1 ) IN this petition, the petitioner, a tenant has raised a very important and interesting point pertaining td the interpretation of the word "built a residence" appearing under Section 14 (1) (hh) of the Delhi Rent Control Act (hereinafter called as "the Act" ). The petitioner was allotted a flat by the Delhi Development Authority (hereinafter called the dda ) under its Self Financing Scheme (hereinafter called as "sfs" ). The question for consideration is whether this flat allotted by the DDA would amount to building a resi dence by the petitioner? Can he seek the exemption stipulated under Section 14 (1) (hh) of the Act?
( 2 ) IN order to appreciate the arguments, in brief the facts relevant and admitted for determination of this issue are that petitioner was inducted as tenant on the ground floor premises bearing No. A-75, Ashok Vihar Phase III Delhi vide agreement dated 15th June, 1978 for residential purposes on monthly rent of Rs. l200. 00. Respondent berein is the landlord. Petitioner-tenant has acquired vacant possession of a flat allotted by DDA bearing No. 1671 (0/1, Vasant Kunj, New Delhi. Since tenant acquired vacant possession of a residential flat of his own, therefore, the landlord filed the eviction petition under Section 14 (1) (h)- of the Act. Petitioner took the objection before the trial court that the premises allotted to him by DDA under SFS amounts to construction of the flat by him through the agency of the DDA under the 5th SFS. Hence exempted from the eviction for 10 years as stipulated in Clause (hh) of Section 14 (1) of the Act. Section 14 (1) (h) of the Act as stood prior to its amendment of 1988 reads as under:- Section 14 (1) Qi) "that the tenant has, whether before or after the commencement of this Act, built, acquired vacant possession of, or been allotted a residence. "
( 3 ) BUT after the amendment of 1988 the word "built" has been omitted from Clause (h) and a new clause has been inserted as (hh) in the Act which reads as under. Section 14 (1) (hh)
"that the tenant has, after the commencement of the Delhi Rent Control (Amendment) Act, 1988, built a residence and ten years have elapsed thereafter;"
( 4 ) THE bill NO. XXV of 1988 docs not give any purpose or object for omitting the word built from Clause h and inserting new Clause hh except that when a tenant built a residence he will get exemption from eviction for 10 years. In the Act, the word built has not been defined. According to the Concise Oxford Dictionery build means "construct (a house) by putting parts or material together", "commission, finance and oversee the building of. " But this does not mean that tenant must construct a residence himself. He can get the premises built by another agency. The dispute is not that the house allotted by DDA is not a residential premises or is not vacant. The question is of protection and exemption for 10 ycais if it is held that SFS flats constructed by DDA means a residence built by the petitioner.
( 5 ) ADMITTEDLY, the flat in question was built by the DDA and was allotted to the petitioner after construction. He got himself registered in the Self Financing Housing Regulation Scheme. Pursuance to which be has been allotted this flat by the draw of lots. The scheme was introduced in order to enable people interested in having a flat in Delhi to "own your house". This scheme sought financial participation of the intending purchasers during the process of the construction of flats. As a matter of fact this scheme has been introduced by the DDA in order to overcome the acute-shortage of-housing in Delhi and in order to increase the housing activities in the capital through the involvement of the people. The intending purchaser has to get himself registered first under the scheme and thereafter the DDA under the said scheme indicates the mode of payment of the cost of the flat. Allotment is decided on the basis of the lots. If the number of applicants exceeds the nu
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