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1992 Supreme(Del) 60
High Court Of Delhi
MANMOHAN SINGH - Appellant
Versus
CHAIRMAN D.D.A. - Respondent
Civil 1578 of 1982
Decided On : 02/01/1992
M.CHOPRA, Maninder Kaur, MUKUL ROHTAGI
Headnote:Delhi Development Authority (Management and Disposal of Housing Estates) Regulations, 1968 - Petitioner registerd in scheme lor allotemnt of MIG Flats as far back as 1976 in south Delhi Area — DDA did not allot any flat of MIG category in South Delhi to petitioner as they were unsuccessful in draw of lots — Petitioner suffered on account of changes made in pattern of 1976 scheme by subsequent scheme as framed in 1981 — Petitioner responsible for their own problems as they did not choose to convert in self-financing scheme and did not exercise option for allotment in trans-yamuna area — Ten Flats rserved for petitioner — If number of applicants do not exceed number often flats — Petitioner to be accommodated in these Flats — In case number of applicant entitled undeer 1976 scheme exceed — DDA to determine eligibility by draw of lots — If petitioners unsuccessful-allotment to be made in terms of their preference.
Held:
The petitioners were registered as far back as 1976, in the scheme for allotment of MIG flats. They all along insisted that they should he granted allotments in South Delhi areas. However, they have not been successful in the draw of lots and one such draw was held during the pendency of the writ petition in this court. The Authority did not allot them any flat of MIG category in South Delhi area, as it was contended that the same were noi available and the petitioners were not successful in draw of lots. The petitioners have obviously suffered, in view of some changes made in the pattern of the 1976 scheme by a subsequent scheme, as framed in 1981: They, however, are to some extent, responsible for their own problems. They were not allotted MIG flats in South Delhi, they did nol choose to convert the same in self financing scheme-and they did not exercise the option for allotment of flats in trans-Yamuna area, which were offered to them. There is no denying the fact that there is acute pressure of allotment of flats in South Delhi and the number of people opting for the said area, far exceed the number of flats, built in such areas. The petitioners could not be successful in the draw of lots and they all along insisted that they should be provided fiats in South Delhi.
The Authority has already reserved 10 flats in terms of the order of this Court and if the number of applicants do not exceed the number of the said 10 flats, the petitioners shall be accommodated in these flats, under the 1976 scheme. In case, the number of applicants,entitled to allotment under 1976 scheme exceed the number of reserved flats, the respondent shall determine the eligibility on the basis of draw of lots, as envisaged in the 1976 Scheme. However, if the petitioners do not succeed, the allotment in their favor shall be made in other area or areas in terms of their preference within a period of three months.
In the facts and circumstances of the case, and taking overall factors into consideration, I hold that the petitioners are eligible and entitled to allotment of MIG flats by the respondent Authority and the said allotment has to be made in accordance with the provisions, as incorporated in 1976 scheme.
( 1 ) THE present petition is directed against the respondents, Delhi Development Authority, hereinafter REFERRED TO to as the Authority, for issue of a writ, order or direction in the nature of certiorari, calling for the records, including the list of successful candidates, displayed on March 28, 1982, and March 29,1982, of the M. I. G. flats and to quash the allotments, made on erroneous, illegal and discriminatory basis and for and writ of mandamus, commanding the Authority to allot M. I. G. flats to the petitioners, in terms of the published M. I. G. scheme, i. e. 1976 Brochure ( annexure A to the petition ).
( 2 ) THE respondent Authority, in exercise of the powers conferred by Section 57 of the Delhi Development Act, made Regulations in 1968 called the Delhi Development Authority ( Management and Disposal of Housing Estates) Regulations, 1968, which came into force immediately on the date of the publication in the official gazette. The relevant Regulations are specified hereunder:
"administration OF REGULATIONS AND DELEGATION OF POWERS. 3. These regulations shall be administered by the Vice-Chairman , subject to general guidance and resolutions of the Authority, who may delegate his powers to any officer of the Authority.
ELIGIBILITY OF ALLOTMENT 7. A dwelling unit or flat in the Housing Estates of the Authority shall be allotted only to such persons who or his wife/her husband or any of his/her dependent relations including unmarried children does not own in full or in part on free-hold or lease-hold basis a residential plot or house in the Urban area of Delhi, New Delhi and Delhi Cantonment.
PROCEDURE FOR DISPOSAL OF PROPERTY ISSUE OF PUBLIC NOTICE; 21. The Vice Chairman or the officer authorised by him in this behalf shall cause a public notice to be issued, in the manner prescribed under Section 44 of the Act, inviting applications for the allotment of property.
CONSTITUTION OF PROPERTY ALLOTMENT COMMITTEE 26. The authority shall for the purpose of allotment of property under Regulations constitute a committee to be called the Property Allotment Committee (hereinafter called the Committee ) consisting of not more than 5 persons including the Vice-Chairman who shall be the Presiding Officer of the Committee;
DRAW OF LOTS; 28. The allotment of property to the eligible applicants shall be made by draw of lots under the supervision of the Committee. Where the number of eligible applicants exceed the number of properties, lots shall be drawn to the extent of the number of properties plus 25 per cent thereof to serve as a waiting list.
ALLOTMENT FROM WAITING LIST; 32 In the event of a person or persons not accepting an offer of allotment, the property shall be allotted to the person or persons on the waiting list in the order specified in such list. "
( 3 ) THE Authority, in pursuance to the provisions of the Act and the Regulations, sometime in the year 1976, announced a scheme called new Scheme for Registration (1976) of Intending Purchasers of flats/houses to be constructed by the Delhi Development Authority . It was stated in the Brochure, issued by the respondents, that the scheme had been formulated, keeping in view the 20 point economic programme,announced by the Prime Minister and its basic objective was to increase the housing stock in Delhi, particularly for the weaker sections. The income limit of the eligible M. I. G. applicants, the category to which the petitioners belong, was required to be in the range of Rs. l2,001. 00 to Rs. 24,000. 00 per annum. The petitioners having qualified under the scheme, registered themselves with the Authority as M. I. G. allottees. The relevant Regula intending purchasers, may be reproduced as follows:
"1. The name of the scheme will be New Housing Registration Scheme (1976) of the Delhi Development Authority. It has been formulated, keeping in view the 20-point economic programme announced by the Prime Minister and its basic objective is to increase the housing
